Article 174 of the Family Code of the Philippines

Article 174. Legitimate children shall have the right:

(1) To bear the surnames of the father and the mother, in conformity with the provisions of the Civil Code on Surnames;

(2) To receive support from their parents, their ascendants, and in proper cases, their brothers and sisters, in conformity with the provisions of this Code on Support; and

(3) To be entitled to the legitime and other successional rights granted to them by the Civil Code. (264a)


Under paragraph 1 of article 174 provides that in the law of surname, it is provided that "legitimate and legitimated shall principally use the surname of the father" (Art.364). But the mother's surname may also be used (Art 174, Family code)

Support is everything that is indispensable for sustenance, dwelling, clothing, and medical attendance, according to the social position of the family. The right to receive support cannot be renounced, nor can it be transmitted to a third person. Neither can it be compensated with what the recipient owes the obligor.

The legitime of each legitimate child is half of the parent’s estate divided by the number of children. (Art. 888, Civil Code). The legitime must always be given unless the child is validly disinherited for a legal cause. The free portion of the property may also be given to the children or to any of them.




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