Article Explanation: Article 173 of the Family Code

Art. 173. The action to claim legitimacy may be brought by the child during his or her lifetime and shall be transmitted to the heirs should the child die during minority or in a state of insanity. In these cases, the heirs shall have a period of five years within which to institute the action.

The action already commenced by the child shall survive notwithstanding the death of either or both of the parties. (268a)

Explanation:
Only the child by himself or his guardian, if incapacitated, and in proper cases, the heirs of the child can bring the action to claim the child’s legitimacy. The proper cases where the heirs can bring the action are: (a) death of the child during minority; or (b) death of the child in a state of insanity.

The action may be brought by the child during his or her lifetime and even after the death of the parents. If the child is a minor, or is incapacitated or insane, his or her guardian can bring the action in his/her behalf during the child’s lifetime. If the child dies after reaching majority without bringing the action, the heirs are precluded from filing the same. However, the heirs, in case of death of the child during minority or insanity, shall have a period of five years to file the action. The action already commenced by the child shall survive notwithstanding the death of either or both of the parties. If the child dies after commencing the action, the action will survive and the heirs of the child will be substituted for him. This action is among those that survive under the Revised Rules of Court.

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