This article has been repealed and is no longer law.

Repealed by EO 209 (1987) — the subject is now governed by the Family Code. The former text is shown below for reference only.

Civil Code · Book I: Persons · Title VIII: Paternity and Filiation

Article 255

Chapter 1: Legitimate Children

Repealed
By EO 209 (1987)

Former text, as of October 24, 2026

Children born after one hundred and eighty days following the celebration of the marriage, and before three hundred days following its dissolution or the separation of the spouses shall be presumed to be legitimate.

Against this presumption no evidence shall be admitted other than that of the physical impossibility of the husband's having access to his wife within the first one hundred and twenty days of the three hundred which preceded the birth of the child.

This physical impossibility may be caused:

(1) By the impotence of the husband;

(2) By the fact that the husband and wife were living separately, in such a way that access was not possible;

(3) By the serious illness of the husband. (108a)

Consolidated by Alleba from the text of Republic Act No. 386 (Lawphil and the Supreme Court E-Library). Book I provisions on marriage, family relations and parental authority were repealed by the Family Code (Executive Order No. 209, 1987) and are shown for reference only. For information and research only, and not legal advice. For certified copies, refer to the Official Gazette or the issuing agency.