LEGITIMATED CHILDREN

Chapter 4 Articles 177-182 of the Family

Code

Rodriguez, Mary Grace D.

What is legitimation?
It is a right granted by law to
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.

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. (Article 177, FC)

Question 1:
A child is conceived and born inside a
void marriage due to the lack of a
marriage
license to parents who weren`t
disqualified by
any legal impediment at the time of
conception. May the child be
Answer:
legitimated?

YES

Question 2:
Sarah was 17 years old when she
conceived her
daughter Sheila. May Sheila be
legitimated
should Sarah and Sheila`s father
decide to get
married?

ANSWER: NO

REMEMBER!!!
In legitimation, what is essential is
that the
child must be conceived at the
time that the
parents
are not
disqualified
by

Impediments
referred
to are any
any
legal
kind of impediment that prevents the
impediment
to
marry
each
other.
person subject to them from
marrying at all such as being a
minor and those mentioned in
Articles 37 and 38 of the Family

How does legitimation take

place?

Legitimation shall take

place by a
subsequent valid marriage
between parents. ..
(Article 178, FC)

Question 3:
At the time of the child`s conception,
the
parents were not suffering from any
legal
impediment to marry. But prior to the
child`s
birth, his father marries another. If
such
ANSWER: YES
marriage is later on terminated
and
his father

Question 4:
At the time of the child`s conception,
the
biological parents were not suffering
from any
legal impediment to marry. However,
the
child`s father died before her parents`
could tie
ANSWER: NO
the knot. Her mother then marries
another

Will the annulment of

marriage affect legitimation?

...The annulment of a
voidable
marriage shall not affect the
legitimation.
Article 178, FC

What are the effects of

legitimation?

Legitimated children
shall
enjoy the same rights as
legitimate children.
Article 179, FC

What are the effects of

legitimation?

The effects of legitimation

shall
retroact to the time of the
child`s
birth.
Article 180, FC

What are the effects of

legitimation?

The legitimation of children who

died before the celebration of
the
marriage shall benefit their
descendants.
Article 181, FC

Who can impugn or question

a child`s legitimation?

Legitimation may be impugned

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

REMEMBER!!!

Legitimation can only be

impugned in a direct
proceeding.

1990 Bar Question

B and G (college students, both single and not disqualified to marry
each other) had a romantic affair, G was seven months in the family
way as of the graduation of B. Right after graduation B went home to
Cebu City. Unknown to G, B had a commitment to C (his childhood
sweetheart) to marry her after getting his college degree. Two weeks
after B marriage in Cebu City, G gave birth to a son E in Metro
Manila.
After ten years of married life in Cebu, B became a widower by the
sudden death of C in a plane crash. Out of the union of B and C, two
children, X and Y were born. Unknown to C while on weekend trips to
Manila during the last 5 years of their marriage, B invariably visited G
and lived at her residence and as a result of which, they renewed
their relationship. A baby girl F was born to B and G two years before
the death of C. Bringing his family later to Manila, B finally married G.
Recently. G died. What are the rights of B's four children: X and Y of is
first marriage; and E and F, his children with G?