The Manila Times

OBSTACLE IN LEGITIMATION

PERSIDA ACOSTA Editor’s note: Dear PAO is a daily column of the Public At-torney’s Office. Questions for Chief Acosta may be sent to dearpao@manilatimes.net

Dear PAO, My cousin was born in 2012. At the time, her parents were not yet married because her father was still married, although he had been separated from his wife for many years already. His father and mother got married in 2016, a year after his father’s wife passed away. It was only recently that his mother learned that she could not process my cousin’s legitimation even if she and my cousin’s father were already married. Is that correct?

Margaret

Dear Margaret,

Legitimation is a remedy whereby a child, who is illegitimate, being born out of wedlock, is permitted to obtain the status of legitimacy by operation of law, after the subsequent valid marriage between the child’s parents.

However, we wish to emphasize that the child whose status is being sought to be legitimated must have been conceived at the time when his or her parents have no impediment to marry each other, or if there is an impediment, it is only because either or both of the parents were below 18 years of age. To be certain, Republic Act (RA) 9858, which amended Articles 177 and 178 of Executive Order 209, otherwise known as the “Family Code of the Philippines,” provides that:

“Section 1. Article 177 of Executive Order No. 209, otherwise known as the ‘Family Code of the Philippines,’ as amended, is hereby further amended to read as follows: “Art. 177.

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.

“Art. 178. Legitimation shall take place by a subsequent valid marriage between parents. The annulment of a voidable marriage shall not affect the legitimation.” (Emphasis supplied)

In the situation of your cousin, it appears that she, indeed, cannot avail herself of the provisions of RA 9858 because, although her parents entered into a contract of marriage at the time that her father was no longer married to his first wife, the fact still remains that your cousin was conceived and born at a time when her father could not legally marry her mother because he had a legal impediment, that is, he was still lawfully married to another.

We hope that we were able to answer your queries. This advice is based solely on the facts you have narrated and our appreciation of the same. Our opinion may vary when other facts are changed or elaborated.

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2023-03-28T07:00:00.0000000Z

2023-03-28T07:00:00.0000000Z

https://digitaledition.manilatimes.net/article/281590949818888

The Manila Times