“Laws relating to family rights and duties,or to the status, condition and legal capacity of persons are binding upon Filipino citizens, even though living abroad.” (Article 15 Civil Code of the Philippines)
Q. Dear Atty, I hope this mail finds you well. I read in your column few months back about the legitimation of an illegitimate child. My nephew is an illegitimate child. He carries the surname of his mother. Both parents although they were not married are still living together as husband and wife.
However, just recently the parents got married. Will this marriage makes my nephew legitimate? Is the legitimation still possible considering that it was only after fifteen(15) years that the couple decided to get married.
I appreciate if you can guide us and reply my email. Thanks
ANS: If the biological parents of your nephew have no legal impediments to marry each other at that time of conception and birth of the child and 15 years later, the couple got legally married, then the status of your nephew as an illegitimate child may be changed through the so called “Legitimation” process, thereby making his status as a legitimate child without the need of going to the rigors and expense of court proceedings. The legitimation process of the civil status of your nephew, will retroact up to the time of the birth. Hence, your nephew is deemed legitimated from the time of conception of the child.
The said process can be done by making representation with the Office of the Civil Registrar where the your nephew’s birth of records was registered and to comply and submit the required documents, prescribed by the said office.
2
The usual requirements for the legitimation process of illegitimate children are:
a) Certificate of Marriage; b) Certificate of Live Birth of the child; c) Acknowledgement (not required for illegitimate children born on or after 3
August 1988);
d) Affidavit of legitimation executed by both parents which shall contain the
following facts: (1) the names of the parents; (2) that at the time when child was conceived, the aforesaid parents could have contracted marriage, and that they subsequently contracted marriage, (3) the date and place when such marriage was solemnized; (4) the name of the officer who officiated the marriage; (5) the city or municipality where such marriage was recorded; (6) the name of the child to be legitimated, and the other facts of birth; (7) the date and place where the birth of the child was registered; and (8) the manner by which the child was acknowledged by the parents which may be in the child’s record of birth, in a will, a statement before a court of record, or in any authentic writing (not required for illegitimate children born on or after 3 August 1988).
Note further that the original family name of the child as appearing in Registrar of Births shall not be erased or deleted, but in the remarks space shall be written “Legitimated by Subsequent Marriage” indicating the family name which the child shall bear by virtue of the legitimation also giving reference to the entry number in the Registrar of Legal Instruments.
When the interested party requests a copy of the birth certificate of a legitimated child a certified copy of the certificate of Live Birth bearing the annotation “Legitimated by Subsequent Marriage on ________ (date of marriage) at __________ (place of marriage)” or a certified transcription using standard form from the Register of Births bearing the effects of legitimation and the same annotation indicated in the certified true copy shall be issued. (Rule 66, A.O. No. 1 S. 1993) Xxx xxxx
Looking forward you’ll find the above in order and welcome to the Batas Pinoy Global Community.
Disclaimer: Batas Pinoy Corner Not Legal opinion:
3
Material placed on this corner is for the purpose of providing information only. It is not intended as practice of law or legal services. Although the writer believes this information to be accurate at the time it is first provided or as relayed by the person asking or soliciting the information from the writer. Such circumstances or understanding of the facts as conveyed to the writer by the sender may not actually reflect the ultimate facts or circumstances earlier represented and as understood by the writer.
This writer makes no representation, express or implied, as to the accuracy, completeness or timeliness of the information provided in this writing. The content provided by Batas Pinoy Corner is not meant to be a substitute for legal opinion. Always consult your lawyer or other legal professional for legal advice as regards to the information obtained in this column.
* * * Readers who may have legal concerns affecting their persons, property, rights,title and related interest concerning Philippine laws and jurisdiction, are welcome to e-mail their query either in English or Pilipino in plain, concise and orderly presentation of facts in order to avoid vagueness and misunderstanding of your stories, for appropriate comments to: attyrw@gmail.com .