Topic: Legitimation of Children Under the Family Code of the Philippines and R.A. No. 9858

Legitimation of Children in the Philippines is a legal process under civil law that allows certain illegitimate children to acquire the status of legitimacy by operation of law. This process is governed by provisions of the Family Code and supplemented by Republic Act No. 9858, which broadened the scope of legitimation.

Legal Basis

The primary laws addressing legitimation in the Philippines are found in the Family Code of the Philippines, particularly under Articles 177-182, and were further expanded through Republic Act No. 9858 (approved on December 20, 2009).

Key Provisions in Legitimation of Children

1. Who May Be Legitimated (Family Code and R.A. No. 9858)

Initially, the Family Code restricted legitimation to children born out of wedlock to parents not disqualified by any legal impediment to marry each other at the time of the child’s conception. In other words, the parents must have been legally capable of marrying each other when the child was conceived for the child to be legitimated upon their subsequent marriage.

However, R.A. No. 9858 broadened this scope by amending the Family Code. Under the Act, children can now be legitimated even if the parents had a legal impediment to marry at the time of the child’s conception or birth, provided that such impediment has been subsequently removed. This expansion means that children born to parents who were legally barred from marriage at the time (for example, due to a prior marriage that has since been annulled or dissolved) may now be legitimated once the legal impediment is removed and the parents marry.

2. Conditions for Legitimation

Birth of the Child: The child must be born out of wedlock to parents who later marry each other.
Removal of Legal Impediment: If the parents were legally barred from marriage at the child’s conception or birth, they must remove this impediment (e.g., annulment of a previous marriage) and subsequently marry each other.
Marriage of Parents: The parents must marry each other following the removal of the legal impediment. The marriage may be through a civil or religious ceremony, and once it occurs, the child is legitimated by operation of law.

3. Automatic Effects of Legitimation

Once legitimated, the child acquires the status of legitimacy as though they were born to parents who were married at the time of their birth. This provides the child with:

Right to Use the Father’s Surname: The legitimated child has the right to carry the father’s surname.
Right to Inherit: The legitimated child gains full inheritance rights, identical to those of legitimate children.
Right to Support and Parental Authority: Legitimated children have the right to receive support from both parents and are under the parental authority of both.

4. Retroactive Effect of Legitimation

Legitimation has a retroactive effect from the time of the child’s birth. This means that, once the requirements for legitimation are satisfied, the child is deemed legitimate from birth, enjoying all rights of a legitimate child.

5. Procedure for Legitimation

Registration: Legitimation requires proper registration with the Local Civil Registrar where the child’s birth was registered. The parents must file an affidavit of legitimation, detailing the facts that give rise to legitimation (e.g., subsequent marriage).
Submission of Proof of Marriage and Other Requirements: Parents must present a copy of their marriage certificate and any other documents required by the Civil Registrar to establish the basis of legitimation.
Updating of Civil Registry Records: Once legitimation is processed, the Civil Registrar updates the child’s records to reflect their legitimated status. The new status is indicated on the child’s birth certificate, changing the child’s surname if necessary.

6. Limitations and Exceptions

While R.A. No. 9858 broadened the scope, not all children born out of wedlock may be legitimated. If the parents have permanent, non-removable impediments to marry, legitimation cannot occur. Examples include:

Close Relatives: If the parents are related within prohibited degrees (e.g., siblings or parent-child), they cannot marry and thus cannot legitimate the child.
Cases of Bigamy or Polygamy: If one parent is permanently married to someone else, legitimation is impossible unless that marriage is dissolved through annulment or nullity.
Other Non-Removable Impediments: Situations where the parents are forever barred from marriage due to legal reasons also prevent legitimation.

7. Distinction from Adoption

Legitimation should be distinguished from adoption. While adoption grants similar rights to an adopted child, legitimation specifically transforms an illegitimate child into a legitimate one based on the parents’ subsequent marriage. Adoption is a separate legal procedure with its own requirements and does not change the child’s birth status as legitimation does.

Important Legal Implications

Rights to Succession: A legitimated child is recognized as a legitimate child in matters of inheritance, thus qualifying for compulsory heir status under Philippine law.
Effect on Support: Legitimated children are entitled to legal support from both parents, including education, housing, and other essentials.
Judicial Actions for Legitimation: If any dispute arises regarding the status or rights of a legitimated child, courts may intervene to enforce the rights guaranteed under the Family Code and R.A. No. 9858.

Key Takeaways

R.A. No. 9858 introduced a progressive amendment that now allows the legitimation of children even if their parents had a legal impediment to marry when the child was conceived or born. This change:

Broadens the rights of children born out of wedlock.
Enables children to inherit and enjoy all privileges associated with legitimacy.
Emphasizes the importance of formalizing legitimation through registration with the Civil Registrar to protect the child’s rights.

In conclusion, R.A. No. 9858 serves as a significant legal reform in family law, aligning Philippine law with modern principles of family rights by offering children broader access to the benefits of legitimacy.