Sunday, February 04, 2007

Family Code of the Philippines: Primer on legitimation

Article 177 amended by RA 9858

Republic Act No. 9858 “Legitimation of Children Born to Minor Parents”
amended Article 177 of the Family Code as of December 20, 2009. The article now reads:
“Children conceived and born outside of wedlock of parents who, at the time of conception of the former, were not disqualified by any impediment to marry each other, or were so disqualified only because either or both of them were below eighteen (18) years of age, may be legitimated.”
In simple terms, a child conceived or born when either or both parents were below 18 can now be legitimated. Minority is no longer an impediment or legal obstacle. (Previously, biological parents who were below 18 could not avail of legitimation for their child. Their legal remedy was to go through an expensive adoption process.)

Articles 177 up to 182 of the Family Code are the rules in the legitimation of children born outside of wedlock but whose biological parents eventually enter into a valid marriage.

Who can be legitimated?

Only children conceived and born outside of wedlock of parents who, at the time of the conception of the former, were not disqualified by any impediment to marry each other may be legitimated.

How does legitimation take place?

Legitimation takes place by a subsequent valid marriage between parents. The annulment of a voidable marriage does not affect the legitimation.

What are the effects of legitimation?

[1] Legitimated children enjoy the same rights as legitimate children.

[2] The effects of legitimation retroact to the time of the child's birth.

[3] The legitimation of children who died before the celebration of the marriage benefit their descendants.

Who can impugn or question a child’s legitimation?

Legitimation may be questioned only by those who are prejudiced in their rights, within five years from the time their cause of action accrues.

Legal impediments or obstacles to legitimation

As it now stands, Article 177 states: “Only children conceived and born outside of wedlock of parents who, at the time of the conception of the former, were not disqualified by any impediment to marry each other may be legitimated.” This means that if at the time of the child’s conception, there is a legal impediment to the marriage of the biological parents, the child cannot be legitimated under Article 177.

For example, if any of the biological parents was validly married to another person at the time of the conception of the child in question, the child cannot be legitimated.

54 comments :

Anonymous said...

Hi and good evening to you Atty. Galacio. Your post on the proposed amendments to Article 177 of the Family Code to include the "automatic" legitimation of kids born to single parents caught my attention. I just want to know the processes involved in effecting the proposed amendments, who reviews it, and who approves/disapproves it. And can we even estimate the time line at which these proposals are going to finally be approved/disapproved?

This is of particular interest to me since I have a daughter right before I got married to my American husband. He is willing to adopt my 4 year-old daughter but the expense and the time it will take to get her adopted make me think twice about doing it.

It gives me hope that some lawmakers are looking at issues that affect the future of the Filipino children.

Thank you and God bless you and your blog!

Atty. Gerry T. Galacio said...

Please clarify. Is your American husband the biological father of your child? If yes, then your marriage made the legitimation automatic (assuming of course that the requirements have been complied with). You just need to submit the requirements to the NSO.

If your American husband is not the biological father of your daughter, then there is NO way that legitimation can take place under the Family Code (not even under the proposed bills now pending in Congress). Please take note of how the FC defines legitimation:

Art. 177. Only children conceived and born outside of wedlock of parents who, at the time of the conception of the former, were not disqualified by any impediment to marry each other may be legitimated.

Art. 178. Legitimation shall take place by a subsequent valid marriage between parents. The annulment of a voidable marriage shall not affect the legitimation.


Adoption is therefore the proper procedure.

The proposed amendments to legitimation are pending in Congress and the Senate. In Congress, the man sponsor of the bill is Congressman Eduardo Gullas of Cebu. You can contact is office to find out what the status of this bill is.

Anonymous said...

Attorney, I have the case of my father, he is the only a legitimate son of the Roto Family, however during his parent's death, the parents decided to donate all of the properties as been stated to his LAST WILL OF TESTAMENT. The case has been filed but dismissed because of the issue of "ILLEGITIMACY", one witnessed stated that my father was not a real son but has been adopted through illegal ways of simulation.

DO you think my father has the right the fight for the property. This case happened during 1984 and my father died 5 years after.

Atty. Gerry T. Galacio said...

The facts of the case fall under the provisions of the New Civil Code of the Philippines and not the Family Code (which became effective only in August 1988). However, whether the NCC or the FC, the law says that children born during the marriage are presumed legitimate. You should inquire from the lawyer who handled the case or review the case records by yourself to find out what happened.

Under the NCC, disinheritance of children are subject to very strict requirements. If it is proved that your father is legitimate, then the last will and testament can be set aside. What works against you however is that the length of time that has passed (from 1989 to now, that’s 19 years already). Besides, with the dismissal of the case, there might arise what lawyers call “res judicata” meaning that the issues have already been decided upon by a competent court and thus the parties can no longer re-file the case.

Anonymous said...

I am very glad for your had respond, but I still one most important question to ask. If my father was registered as their parents child through "BIRTH CERTIFICATE SIMULATION" you know the old practice of adoption, could my father be still called legitimate?

Do you think my grandparents still got some properties left. How would I know the properties of my Grand Parents before they died?

Atty. Gerry T. Galacio said...

1. Simulation of birth is illegal while adoption under our various laws (the New Civil Code, Family Code, Republic Act 8552) is the legal way. If it is proven that there was no adoption under any of the applicable laws and that the parents merely resorted to “simulation of birth” then the child is not considered legitimate.

2. In terms of lands, you can check with the Register of Deeds if there are any properties titled in your grandparents’ name.

carlo said...

HI Atty., I had the same situation of the above comments. According to my parents, I was adopted through that illegal way of adoption, through simulation of birth. I feel so sad about it. If my parents will die, since I was illegitimate, do I have the right to own their properties?

Norman said...

My grandparents past away more than 20 years ago and they left a house that is
up for sale by the surviving children (one of the children is my father).

The edlest daughter (my father's sister) past away 10 years ago who is survived by
her husband and 5 children. Does the husband (my father's brother inlaw) qualify as one of the heirs?

Atty. Gerry T. Galacio said...

If no one questions your status as being a legitimate child, then you can inherit from your parents.

Atty. Gerry T. Galacio said...

Norman,

I already answered your question through e-mail.

Anonymous said...

Hi I would like to ask for advise regarding last will and testament of my single aunt. Our cousins are all fighting for the division of properties. She had a written last will that states she would like to give her properties to her specific nieces. We do not know what to do. Your help would be greatly appreciated. If its possible to have it emailed at fem_hamster@hotmail.com please do. Thank you very much.

Atty. Gerry T. Galacio said...

I will assume that your single aunt is already dead. In that case, any person (among the cousins) should file a petition for the settlement of your aunt’s estate and the PROBATE of the will under Rules 73 to 90 of the Revised Rules of Court (there are copies these Rules in my Family Matters website). Philippine law requires that a last will and testament be probated (meaning proved in court). The cousins cannot simply disregard the last will and testament.

I cannot reply to the email address you stated because there is no proof that it is your own e-mail. If you had sent your legal inquiry by e-mail, then I would have answered you also by e-mail.

Maui said...

Atty,PLS HELP.I got pregnant 1999 out of wedlock (age 21;baby boy).I took care of my son for a year (2000-2001) but had to work in Manila for the baby and for my brother who was studying high school then (our mom died from cancer that same year), so I left my child to my aunt sending monthly support (2001-2002).The child's grandparents (his father's side) had been visiting my son but soon, did not return him for weeks.We texted and they expressed interest to take care of him since they are the grandparents.I had no choice because I need help financially.I was voluntarily sending support. No fixed amount until I got unemployed in 2002.Child is with them from 2002 up to present.After unsuccessful feat in Manila (2001-2003),I went back to my hometown and met my current partner and started settling down, occasionally meeting my son giving few amounts (2003-2004) from being self employed.I went abroad in 2004-2006 sending variable amount of support again.I resigned and went back to Phils in end of 2006 because of harassment dispute.Got employed in my city but just enough to cope up with supporting my brother's college education.I expressed frankly that I cannot give money at that time to the child and asked them to please understand but conversation went sour.I lost contact with them since mid of 2006.I made efforts to locate my son but with no success because I relied only on their cellphone numbers.I was confident that he was in good hands and I still didn't have enough finances.I got better since Jan 2008 and last Nov 29, 2008, I found them just nearby area.We had a discussion.I admit I had mistakes.Entirely, I was irresponsible.It seemed like abandonment from my part as they said because I did not show up after our argument about money (2006).Now, I expressed intention to take responsibility of the child and be a mother as I am ready financially (my brother graduated and is working).I have an online business.I understand how furious they are.They want to discuss custody.The kid is already 8 y.o. and will be 9 y.o. in Jan 2009.Will I be able to win custody of my son?Father has signed in the Birth Cert.We are unmarried.Kid is staying with his grandparents (father side) as his father has an illicit relationship with another woman, but he gives money when I had nothing then.I am with a separated partner now.PLS HELP.Regardless of my mistake, I need my son back. - Thanks

Maui said...

ADDITION TO ABOVE:

- My son has my surname
- He is very close to his father and his father's family
- They tell me it is a matter of choice and they will win
- The guy's older brother called me up and said harsh words (I understand) that if I will get the kid, not soon so as not to prolong their parents agony. I should get my son tomorrow right away and prove my worth. I am willing. But the their mother said she wants to take about custody tomorrow.
- I did not intend to take him instantly.I want to work out being close to him and soon take him to reside with me but will occasionally visit the guy's family.
- I have a 5-year-old daughter from my current partner
- should I go to court or any institution?
- should I inform my relatives?Would it help to have a clash of family just to get the child. It would be by force if my family is involved.
- I'm losing hope because my son is more than 7 years old now.

Please help. Thanks.

Atty. Gerry T. Galacio said...

Your son is illegitimate and therefore under Article 176 of the Family Code, you have SOLE parental authority over him. This is true even if the father signed the birth certificate.

The grandparents do not have legal right over the child; they are wrong to say that since the child is above seven years of age, he can choose which parent to live with. This choice is applicable only to legitimate children.

You can regain custody of your son through a Protection Order under RA 9262, or through a petition for habeas corpus.

Try to get free legal help from the PAO (Public Attorneys Office) or from the IBP (Integrated bar of the Philippines) chapter office in your town or city. The IBP chapter offices are usually located in the Hall of Justice of cities.

noggie said...

Atty. Galacio, in the above answered-comment, you stated that a case can be re-filed, I think we have the same situation with that "ANONYMOUS" problem. What if the property had been sold or donated, do we still have the right to go after on it, do we still have any part of it?

Atty. Gerry T. Galacio said...

noggie,

Pleased state exactly what your situation is. There are a lot of questions filed under "Anonymous" and so it is difficult for me to trace the specific comment you are referring to.

noggie said...

this site is really helpful, and I wish to see you in person, God bless you, attorney.

regarding to my case: my grandparents died long time ago, my father which is the only son was unable to get the property because of the case filed we believed was intentionally made to disinherit my father, my parents told us that the lawyer told them that he was offered a bribe and that he believed that the judged had been paid already, hence the lawyer of my father seems to be lazy on the fight.

My father died year after the case dismissed and the case seems to be forgotten.

We was never informed 20 years before about this things not until I made my own research about the past, this case that we should be long informed.

My only question is.

1. can we re open the case? what happened to the property.

2. the house and lot had been donated to the bishop and the bishop sold it to a person name ILAGO. Do you think we still have hope on it.

3. there were properties of lands that my father should inherit, i believe that those properties were not yet sold and maybe they just manipulate the title for it. What should I do.

4. I don't know anything about the case, what happened to the case, I don't know what to do. The only fact I know is that my father is the only legitimate son and should inherit all.

5. How can i reach you, i am one of Filipinos suffering from poverty, can you welcome me with an open heart?

Thanks for all of these, you deserved all you got, the talent and beautiful LIFE, thank you for sharing all of this.

Atty. Gerry T. Galacio said...

noggie,

1. You should try to get hold of the court decision you referred to. You can do this if the lawyer is still alive, or you can go to the Office of the Clerk of Court of the place where the court which handled the case is located. The OCC has what is known as the “Book of Entries of Judgments” (it is a BIG blue book). It is a long shot for you to find a copy of the decision since it has been 20 years ago. Without a copy of that decision, however, any lawyer you contact will not be able to help you.

You can also try to get a copy of that Deed of Donation to the bishop. It might provide clues as to the reason why your father was not able to inherit these properties. There might be a copy of the Deed of Donation in the Register of Deeds of the place where the land is located.

2. With regards the properties that have not been sold, you can try to get hold of xerox copies of the titles of these properties through the Register of Deeds. From these titles, you might be able to trace the reason why your father was not able to inherit. If you are able to establish that there was fraud, then you can file a petition in court for the cancellation of these titles.

As I said, however, since it has been 20 years ago, it is an uphill struggle for you.

3. My help is limited to giving of free legal information. You can try to get free legal assistance from the PAO (Public Attorneys Office) or from the IBP (Integrated Bar of the Philippines) chapter in your town or city. The IBP chapter offices are usually located in the Hall of Justice of cities.

antonio said...

atty. galacio, magtatagalog nlng po ako pra mas maexpress ko ung tungkol sa kaso ng ari arian.

ung lolo ko po ay may uncle na walang anak at wala ring asawa pro malaki ang kanyang ari arian about 18 hectares of land. Nung namatay na po xa ay ung tanging tagapagmana dapat ay ung lolo ko na pinakamalapit at natatanging kamag anak subalit hindi nakaperma ang lolo ko at xa ay namatay, matagal ng panahon ang nakalilipas. Ung mga ari arian po ay nakuha ng mga manggagawa or mga tauhan ng yumao.

Sa tingin nyo po ba ay may habol pa ang lola ko na xa ngayong buhay pa.

Ung mother title daw po is the same at di nabago, ano po ang pwede nming gawin, bilang mga apo, nais naming matulungan ang aming lola ngayon po na matanda na xa.

Atty. Gerry T. Galacio said...

By what means or process did the “manggagawa or mga tauhan ng yumao”” acquire these properties? By CARP? Or did they just occupy the property without any legal or judicial process?

Your lolo was entitled to inherit from the uncle (owner of the property) based on the right of representation. Upon your lolo’s death, his compulsory heirs are your lola and their children who are still alive. In case some children are already dead, then the grandchildren (like you) are entitled to inherit based on the right of representation.

The compulsory heirs can enter into an extrajudicial settlement of the lolo’s properties. If they cannot agree, then the heirs (or any of them) can file a petition for the judicial settlement of the lolo’s properties. Please take note that before the Register of Deeds can transfer the mother title to the names of the compulsory heirs, the deed of extrajudicial settlement (or the court order in case of judicial settlement) must be presented. Also, the proper estate taxes (20% of the value of property) plus penalties must be paid to the BIR.

After the title has transferred to the heirs by whatever means used, then the proper case (for example, unlawful detainer or forcible entry) can be filed against the “manggagawa or mga tauhan ng yumao”.

Because of the passage of time, it will be a difficult legal process.

Anonymous said...

Sir, my husband & I had a baby born prior to our marriage. I would like to inquire as to what is the exact process of petitioning for a legitimation? What are the needed documents that we need to accomplish and submit to NSO? And how long will this process take? Thanks alot for your assistance in this matter.

Atty. Gerry T. Galacio said...

You just have to go to the Local Civil Registrar in your town and city and inquire as to the requirements to be submitted. Or browse the NSO website www.census.gov,ph for the requirements (usually an affidavit, copy of the marriage certificate, the birth certificate of the child). If the documents are complete, the whole process will take at most a few weeks. (The documents must be submitted to the LCR which issued the birth certificate.)

Anonymous said...

Good AM, Atty. Gerry T. Galacio,

Sir, My 1996 marriage was annulled here in the Phils. and now married again to another man. I have a child from my annulled marriage. Her biological father is now my husband. On her birth certificate she carries my previous husband's surname since at the time of her birth I was still married from my 1st husband. I would like to know the process of
having her name changed to her own
biological father. Since on the
annulment process,she was included
there. Also, I want to change her name on her passport which she still carries the surname of my 1st husband.
Thank you very much.
Ashpicks

Atty. Gerry T. Galacio said...

Ashpicks,

Your present husband must file a petition for adoption for your child (please browse my post titled “Procedures in adoption”).

Anonymous said...

Sir,good pm!May I know how much
is the cost for filing for an adoption. And how long does it take. My daughter is now 10 years old. Again,thank you very much for
all the infos. More power and God Bless.

Aspicks

Atty. Gerry T. Galacio said...

Aspicks,

Please read my post “Procedures in adoption” (look for the link in the sidebar).

Anonymous said...

Hi Atty Galacio,

I have the nearly the same case like Maui regarding her post about her baby boy. If the mother haven't got communication with the child for about 5-6 years, will she still have the right?

I am talking about my daughter whom I haven't seen for 5 years. She was born 2002. Me and her father weren't married. The father got married sometime in 2004 and has a kid already. My daughter resides with her father and new family.

I have received information that they were able to get her out of the country for a visit somewhere in Europe. But good thing its just a visit.

The father and I haven't had communication as I went abroad for work. It seems to me he and his wife worked out a passport for my daughter bearing his surname. Is it possible that they filed for adoption without my knowledge?

Do i still have the chance to get my daughter legally and reside with me? Good thing I read the post of Maui and I didn't know the mother has the sole right to the child. I am afraid they will fight me in court for "abandoning" my child. Whereas I have talked to the father the reason I have to leave to work as I am the sole provider for my paralyzed dad.

Please help. Thanks so much.

Atty. Gerry T. Galacio said...

By filing a petition for a Protection Order under RA 9262, you can regain custody of your child. As you have read, under Article 176 of the Family Code, SOLE parental authority belongs to you. As you also noted, you can expect that the man will justify his actions by saying that you abandoned your child.

Try to get legal assistance from the Department of Justice Action Center. The DOJAC acts on complaints, requests for assistance and legal queries of walk-in clients of the DOJ. For legal assistance please visit the Department of Justice Action Center (DOJAC) Main Office, Ground Floor, Multi-Purpose Building, Padre Faura Street, Ermita, Manila; Telephone no: 523-84-81; Email Address: dojac@doj.gov.ph or visit any Regional/Provincial/City Prosecution Offices in your locality.

Atty. Gerry T. Galacio said...

For everyone:

Thanks for browsing this blog. I hope that I have been able to help you even in some small way. From this point on, however, please do not post your questions or comments here. Please email to me your questions or comments at gtgalacio@yahoo.com.

Answering e-mails is a much more straightforward and time conserving effort for me. With questions posted in this blog, I have to first open my e-mail and then copy/paste the comments or questions to Word. After composing my replies, I then have to search for the specific page where the comments are located and then use a dialog box to post my replies. It is a time-consuming process.

Again, from this point on, please e-mail your questions or comments to me.

John said...

PLEASE HELP US !!!!!
My fiancee in the Philippines is having trouble with the Australian embassy regarding her 2 children who disappeared with her former husband when he abandoned her in 1999.She already have a court order 6 months ago for presumptive death of her husband but no one knows the where about of the 2 children he took away when he abandoned her.The Australian embassy is asking the medical examinations for the 2 children before her fiancee visa can be granted even the children are not traveling with her.
Regards:John

Atty. Gerry T. Galacio said...

John,

In a petition for declaration of presumptive death, the court requires the submission of proof that the petitioner exerted earnest and diligent efforts to locate the whereabouts of the missing spouse. These efforts can be in the form of advertisements in media (radio, television), reporting the disappearance to the police, etc.

Your fiancée can possibly provide the embassy with a true copy of the court decision to prove that she has no knowledge as to the whereabouts of her children.

Stephanie said...

atty, when my child is born, i only put my name as the parent and didnt put her father's name in her birth certificate. I did that because I wasnt sure if we really are going to get married. Now, we are planning to get married. Will my child become legitimate and use his father surname after our marriage?

Hoping for your reply.

Thank you very much and God bless

Atty. Gerry T. Galacio said...

Stephanie,

As you may have read in this post, there are requirements for legitimation. If these requirements are complied with (no legal impediment; a valid, subsequent marriage), then legitimation can be applied for with the Local Civil Registrar after you get married. Please inquire with the LCR as to what documents are required to be submitted.

Anonymous said...

Hi Atty Gelacio,

Perhaps you can help me with this. I just found out/confirmed that my husband (with whom i've been separated for for 3 years) is really having an affair with another woman (our friend, nonetheless). I want to know if i can use this as a ground for the annulment of our marriage which i plan to file. I do not want to resort yet to a concubinage case (i dont know if valid anyway because we've been separated for 3 years) but i would just like to strengthen my annulment case. Can i use this reason? Please advise. Thank you.

Atty. Gerry T. Galacio said...

Please read the Frequently Asked Questions section of my website www.familymatters.org.ph for the discussion of what constitutes “psychological incapacity” under Article 36 of the Family Code.

Please take note that marital infidelity by itself is not a ground for declaring a marriage null and void. Please read the following posts (look for the links in the sidebar):

[1] Amy Perez case: Psychological incapacity in annulment of marriages

[2] Sexual infidelity or promiscuity does not constitute psychological incapacity

[3] Irreconcilable differences not a ground for declaring a marriage null and void

Anonymous said...

hi atty good evening,

Im 20 yrs old and i have a boyfriend, but my bf has already a daughter, but he is not married to the woman..

my problem is,my bf has signed a contract that is called consent of the father,that the child will carry his surname and will give support to the child..

now, the girl is in their house with his child, and the mother of my bf wanted them to get married but my bf dont like to marry the woman bcoz she loves me..

Now, what are the rights of that woman?
and is it okey if i will get married to that man? what are the possible consequences?

And if ever we'll get married and has a children, will they be called as the legitimate ones?

thanks and god bless!!

hope to hear from you soon..

Atty. Gerry T. Galacio said...

If the man does not comply with the agreement to give support, then the woman can possibly file RA 9262 cases against him (please read my RA 9262 posts; look for the links in the sidebar).

If you and the man get legally married, then of course, your children will be legitimate.

Anonymous said...

hi atty.

im shally

im a single parent, itatanong ko lang po, if may karapatan pa ba ang father ng baby ko sa baby namin, kahit na wala na siyang pakialam sa bata? ano po ba ang mga pwede kong gawin.

tnx

Atty. Gerry T. Galacio said...

“may karapatan pa ba ang father ng baby ko sa baby namin, kahit na wala na siyang pakialam sa bata?”

It is not clear what you mean exactly. Normally, if the biological father wants to, he can exercise his visitation right over the child. But you said, “wala na siyang pakialam sa bata”.

If you meant to ask if the father can exercise such visitation right without giving any support, then you can either (1) file a petition for Protection Order for financial support; or (2) file a “stay away order under RA 9262 so that the court will compel the father to stay away from you and the child.

Anonymous said...

thank atty..

one more thing.what i mean is he doesn't visit the child or give financial expenses. if i file the stay away order can i still get financial support for the child?

tska po may ibang anak siya sa ibang babae,hindi din sila kasal nung babae. can i still have financial support?

shally

Anonymous said...

My father in law just died leaving a last will of testament.

My father in law married twice because his first wife died. He has 9 children with the first wife and two with the second wife.

My question is that if the will favors most for the second family than the first, can his children from the first wife complain? and would this be a hindrance of the execution of the will?

Atty. Gerry T. Galacio said...

shally,

The court can issue a Protection Order BOTH for financial support and for the man to stay away from you. The financial support can be coursed through an ATM account for example (or through any means approved by the court).

It does not matter if he has children with another woman; you are entitled to be supported. The amount of support he can be required to give however may be affected by this issue.

Atty. Gerry T. Galacio said...

The Rules of Court provide that a last will and testament must be PROBATED or submitted for the approval of the court before personal and real properties can be transferred to the heirs. During the probate proceedings, the heirs from the first family can raise their objections if their legitimes (share in the inheritance have been impaired.

When the first wife died, did your father-in-law and his children settle (judicially or extrajudicially) the estate? Meaning, did they in a legal manner divide whatever the properties the wife left?

If they did not do this, then the Family Code provides that between your father-in-law and the second wife, the property relations is complete separation of property.

Art. 103. Upon the termination of the marriage by death, the community property shall be liquidated in the same proceeding for the settlement of the estate of the deceased.

If no judicial settlement proceeding is instituted, the surviving spouse shall liquidate the community property either judicially or extra-judicially within six months from the death of the deceased spouse. If upon the lapse of the six months period, no liquidation is made, any disposition or encumbrance involving the community property of the terminated marriage shall be void.

Should the surviving spouse contract a subsequent marriage without compliance with the foregoing requirements, a mandatory regime of complete separation of property shall govern the property relations of the subsequent marriage.

Art. 130. Upon the termination of the marriage by death, the conjugal partnership property shall be liquidated in the same proceeding for the settlement of the estate of the deceased.

If no judicial settlement proceeding is instituted, the surviving spouse shall liquidate the conjugal partnership property either judicially or extra-judicially within six months from the death of the deceased spouse. If upon the lapse of the six-month period no liquidation is made, any disposition or encumbrance involving the conjugal partnership property of the terminated marriage shall be void.

Should the surviving spouse contract a subsequent marriage without compliance with the foregoing requirements, a mandatory regime of complete separation of property shall govern the property relations of the subsequent marriage.

The FC furthermore provides that:

Art. 104. Whenever the liquidation of the community properties of two or more marriages contracted by the same person before the effectivity of this Code is carried out simultaneously, the respective capital, fruits and income of each community shall be determined upon such proof as may be considered according to the rules of evidence. In case of doubt as to which community the existing properties belong, the same shall be divided between the different communities in proportion to the capital and duration of each.

Anonymous said...

good day atty,

one more thing atty. the father of my daughter doesn't have a work he is still a student lime me.

my question is in what way can he give financial support for the child..

thanks. shally

Atty. Gerry T. Galacio said...

Shally,

That is a problem. The Family Code states that support is based on the person’s financial capability. Although the FC provides that ascendants and descendants (for example, parents and their children) are mutually obligated to support each other, asking the court to compel the guy’s parents to support your child is problematic.

You can try to avail of the benefits of our Solo Parents welfare Law. Inquire from the DSWD in your town or city.

Anonymous said...

gud day atty.

shally here again.

i just want to ask what would you suggest me on this subject matter.

thanks

Atty. Gerry T. Galacio said...

Shally,

Like I said, you can try to avail of the benefits of our Solo Parents welfare Law. Inquire from the DSWD in your town or city.

Anonymous said...

good day atty,

I gave birth to my son and I was not married by then. The father of my child and I sign the Affidavit of Acknowledgment at the back our sons birth certificate. My son uses the surname of his father(we indicate the fathers surname on the birth cerificate). Is my legitimate? The father of my son and I got married just recently.

Mag a-apply po kasi kme ng passport baka magkaroon ng problem at nagbabalak din kaming mag migrate to Australi (my husband just granted his citizenship)

thanks and god bless,
Meanne

Atty. Gerry T. Galacio said...

Meanne,

I already answered your e-mail.

Anonymous said...

Question:
1.A dead child can be legitimated?
2.In December 2000, Michael and Anna, after obtaining a valid marriage license, went to the Office of the Mayor of Urbano, Bulacan, to get married. The Mayor was not there, but the Mayor’s secretary asked Michael and Anna and their witnesses to fill up and sign the required marriage contract forms. The secretary then told them to wait, and went out to look for the Mayor who was attending a wedding in a neighboring municipality.

When the secretary caught up with the Mayor at the wedding reception, she showed him the marriage contract forms and told him that the couple and their witnesses were waiting in his office. The Mayor forthwith signed all the copies of the marriage contract, gave them to the secretary who returned to the Mayor’s office. She then gave copies of the marriage contract to the parties, and told Michael and Anna that they were already married. Thereafter, the couple lived together as husband and wife, and had three sons.

[a] Is the marriage of Michael and Anna valid, voidable, or void?

[b] What is the status of the three children of Michael and Anna?

[c] What property regime governs the properties acquired by the couple?

Slamat

Atty. Gerry T. Galacio said...

These are questions in the 2009 bar exam in Civil Law. Please ask your law professors and bar reviewers what the proposed answers are.

Anonymous said...

Hi I just have a question and my situation is this, I was born in the Philippines in 1985. My biological father went to the U.S. in 1986 to work and support my biological mother and I, also he comes every year to visit. In 1990 my biological parents got married...I read art. 178 and and my question is "does that make me a legitimated child because of my parents subsequent marriage?"

Atty. Gerry T. Galacio said...

When you were conceived and born in 1985, the prevailing law was the New Civil Code of the Philippines, not the Family Code. Legitimation under the NCC was covered by Articles 269 to 275 which state:

Art. 269. Only natural children can be legitimated. Children born outside wedlock of parents who, at the time of the conception of the former, were not disqualified by any impediment to marry each other, are natural.

Art. 270. Legitimation shall take place by the subsequent marriage between the parents.

Art. 271. Only natural children who have been recognized by the parents before or after the celebration of the marriage, or have been declared natural children by final judgment, may be considered legitimated by subsequent marriage.

If a natural child is recognized or judicially declared as natural, such recognition or declaration shall extend to his or her brothers or sisters of the full blood: Provided, That the consent of the latter shall be implied if they do not impugn the recognition within four years from the time of such recognition, or in case they are minors, within four years following the attainment of majority.

Art. 272. Children who are legitimated by subsequent marriage shall enjoy the same rights as legitimate children.

Art. 273. Legitimation shall take effect from the time of the child's birth.

Art. 274. The legitimation of children who died before the celebration of the marriage shall benefit their descendants.
Art. 275. Legitimation may be impugned by those who are prejudiced in their rights, when it takes place in favor of those who do not have the legal condition of natural children or when the requisites laid down in this Chapter are not complied with.


If there was no legal impediment on your parents’ part (like minority or subsisting marriage to another party, etc) at the time you were conceived, then you have been legitimated by your parents’ subsequent marriage. Please take note that Article 271 must also have been complied with.

Please consult the NSO or the Local Civil Registrar of your birth place as the requirements of legitimation.