c. Legitimated Children

Presumption on the Status of a Child in Case of Successive (Valid) Marriages (Art. 168)

In the absence of proof to the contrary:

• Presumed to have been conceived during the first marriage: If the child was born before 180 days after celebration of 2nd marriage provided born within 300 days after the termination of the 1st marriage.
• Presumed to have been conceived during the second marriage: If the child was born after 180 days following the celebration of the 2nd marriage, if born within 300 days after termination of 1st marriage.
• If the child was born after 300 days following the termination of the first marriage, the presumption concerning the first marriage under Art. 168 does not apply. A child born during the valid second marriage is presumed legitimate under Art. 164, subject to the rules on impugning legitimacy; Art. 169 does not negate that presumption.

Legitimated Children – Family Code, arts. 177-182; R.A. No. 9858 Exclude: A.M. No. 06-11-5-SC

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. (as amended by R.A. 9858, dated Jul. 27, 2009)

Art. 178. Legitimation shall take place by a subsequent valid marriage between parents. The annulment of a voidable marriage shall not affect the legitimation. (270a)

Art. 179. Legitimated children shall enjoy the same rights as legitimate children. (272a)

Art. 180. The effects of legitimation shall retroact to the time of the child's birth. (273a)

Art. 181. The legitimation of children who died before the celebration of the marriage shall benefit their descendants. (274)

Art. 182. Legitimation may be impugned only by those who are prejudiced in their rights, within five years from the time their cause of action accrues. (275a)

Requisites for Legitimation: (Art. 177-178)

• The child was conceived and born out of wedlock;
• The parents, at the time of child’s conception, were not disqualified by any impediment to marry each other or were disqualified only because either or both of them were below 18; and
• There is a valid marriage subsequent to the child birth.

NOTE: Legitimation takes place by the subsequent marriage of the child’s parents. Annulment of a voidable marriage shall not affect the legitimation.

Effect of Legitimation (Art. 179 – 181)

• Confers on the child the rights of legitimate children
• Retroacts to the time of the child’s birth
• The descendants shall benefit in case the child died before the celebration of the marriage

Legitimation may be impugned only by those who are prejudiced in their rights within 5 years from the time the cause of action accrues (Art. 182),

NOTE: Parents need not die for the cause of action to accrue.

Legitimated Children

Legitimated children are those who, because of the subsequent marriage of their parents to each other, are by legal fiction considered legitimate.

Legitimation

Legitimation is a remedy or process by means of which those who were in fact not born in wedlock and should therefore be ordinarily illegitimate, are by fiction, considered legitimate.

It takes place by a subsequent valid marriage between parents. Furthermore, it shall retroact to the time of the child’s birth. (FC, Art 180)

NOTE: The annulment of a voidable marriage shall not affect the legitimation. (FC, Art. 178)

Who May be Legitimated

Children entitled to legitimation

Only 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. (Art. 177, FC as amended by R.A. 9858)