Section 1558.- As regards the action for legitimation of the deceased having been entered within the period of prescription for claim for inheritance, if the Court adjudges the child to be legitimate he is entitled to inheritance as a statutory heir.

In case where the estate has been divided, the provisions of this Code concerning Undue Enrichment shall be applied, mutatis mutandis.

 

Section 1559.- When the registration of legitimation has been done, the said registration cannot be revoked.

 

Section 1560.- The child born during marriage is deemed to be legitimate, even if the marriage is subsequently cancelled.

 

CHAPTER II

RIGHTS AND DUTIES OF PARENT AND CHILD

 

Section 1561.- The child has the right to use the family name of the father.

In case the father is not known, the child has the right to use the family name of the mother.

 

Section 1562.- No person can enter an action, either civil or criminal, against his ascendants, unless the case is taken up by the Public Prosecutor upon application of such person or a close relative of such person.

 

Section 1563.- Children are bound to maintain their parents.

 

Section 1564.- Parents are bound to maintain their children and to provide proper education for them during their minority.

When the children are sui juris, parents are bound to maintain them only when they are infirm and unable to earn their living.

 

Section 1565.- As regards the applications for maintenance of the children or for any other form of maintenances to be given to children, it may be taken up by the father or the mother except in case to be taken up by the Public Prosecutor according to Section 1562.

 

Section 1566.- A child non sui juris is subject to parental power.

                  The parental power is exercised by the father or the mother in any of the following cases :

                  (1) The mother or the father is dead ;

                  (2) It is uncertain whether the mother or the father is living or dead ;

                  (3) The mother or the father has been adjudged incompetent or quasi-incompetent ;

                  (4) The mother of the father is placed in a hospital by reason of mental infirmity ;

                  (5) The parental power has been granted to the mother or the father by an order of the Court ;

                  (6) The mother and the father have come to such agreement as provided by the law that it can be made.