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Legitimation

Release Date:
Monday, January 2, 2012

e children?

one hundred and eighty days following the celebration of the marriage, and before three hundred days following its dissolution or the separation egitimate. (Art. 225, Civil of the Philippines). or born during the marriage of the parents are legitimate.

d as a result of artificial insemination of the wife with the sperm of the husband or that of a donor are likewise legitimate children of the hus of them authorized or ratified such insemination in a written instrument executed and signed by them before the birth of the child. The instrument gether with the birth certificate of the child. (Art. 164, Family Code of the Philippines).

ered legitimate although the mother may have declared against its legitimacy?

considered legitimate although the mother may have declared against its legitimacy or may have been sentenced as an adulteress. (Art. 167, F

ts of legitimate children? shall have the right :

rnames of the father and the mother: pport from them, from their ascendants, and in a proper case, from their brothers and sisters, in conformity with article 291 and, ate and other successional rights which this Code recognize in their favor. (Art. 263, Civil Code of the Philippines)

of some Filipino Muslim of using the first name of the father as the family name of the children violate the provisions on the use of surnam

ve the right to bear the surname of the father and of the mother. (Art. 62(a) of P.D. 1083 (Code of Muslim Personal Law of the Philippines).

he law governing use of surnames were formulated in order to avoid confusion in the use of surnames, and to settle doubts on their proper u cited in Tolentino, supra, p.721), we are unable to find any provision in the Muslim Code or the Civil Code which would authorize the use of the f the children of Muslim parents, for purposes of registration, especially in accomplishing the Certificate of Live Birth (Mun. Form No.102).

s the law is amended to reflect the alleged tradition or practice, the children should bear the family or surname of their father for registration purp , from the Minister of Justice Estelto P. Mendoza)

ate children? and born out a valid marriage are illegitimate, unless otherwise provided in the Family Code (Art. 165, F.C.)

ed illegitimate children?

llegitimate children :

to couples who are not legally married or of common-law marriages; of incestuous marriages; of bigamous marriages; of adulterous relations between parents; of marriages void for reason of public policy under Art. 38 of the Family Code; of couples below 18, whether they are married (which married is void) or not; and, of other void marriages under Art. 15 unless otherwise provided. (OCRG Cir. No. 89-13 dated July 17, 1989)

n the registration of births of illegitimate children who were born prior to August 3, 1988?

n as defined under the Civil Code of the Philippines who were born prior to August 3, 1988 and whose births were not previously registered shall in addition to those provided for delayed registration of births;

r acknowledgement of an illegitimate child may be made jointly by the father and mother or by only one of them (Art. 276, C.C.) When the f ognition separately, he or she shall not reveal the name of the person with whom he or she had the child; neither shall he or she state any circum may be identified (Art. 280, C.C.) e child has the right to bear the surname of the parent recognizing him (par. 1, Art. 282, C.C.) However, an illegitimate child who is not recognize ts in accordance with law shall be registered under the surname of the mother (Opinion No. 147 s. 1986, Minister of Justice) hall be made in the record of birth, a will, statement before a record, or in any authentic writing (Art. 278, C.C.). If made on record of birth at the of acknowledgement printed at the back of the certificate of live birth shall be signed and sworn to jointly by the parents of the illegitimate ch ather refuses (Sec. 5, Act No. 3753).

ate child born on or after August 3, 1988 carry the surname of the father if the father executed an affidavit of admiss

n born on or after August 3, 1988 shall use the surname of the mother. (Section 1 OCRG Circular No.4 dated October 11, 1988).

egitimate child who wishes to have his name indicated in item 13 of the Certificate of Live Birth shall execute an affidavit of Admission of Pat wledgement. The purpose of affidavit of admission of paternity is for the support and succession only, and it does not entitle the illegitimate child on 2 OCRG Circular No. 4 dated October 11, 1988)

n the registration of births illegitimate children who were born on August 3, 1988 and thereafter?

s shall govern the registration of illegitimate children who were born on August 3, 1988 and thereafter:

e child shall use the surname of his mother (Art. 176, F.C.) regardless of whether or not his father admits paternity (opinion of Civil Code Re , 1988). he father of the illegitimate child may be indicated on the birth certificate of the latter whenever the former executes an affidavit of admission of avit shall not affect the naming of the illegitimate child (opinion of the Civil Code Revision Committee, September 23, 1988) mentioned in the immediately preceding paragraph, if executed by the father shall be permanently attached to and shall form part of the birt hild. The birth certificate in such a case must have a remark "With Attached Affidavit of Admission of Paternity" impressed with a rubber stam nd duly signed by the local civil registrar or authorized civil registry personnel. hildren falling under this classification who were not registered within the prescribed period of registration shall comply with the requirement of d tion 4 Circular No. 89-13 dated 17 July 1989)

ull name of an individual?

n individual consists of a first or given name, a middle name which is the mother's maiden surname and the last name which is generally the father

h certificate should, as much as possible and legally permissible, follow the above convention. (I.M. p 14) leave the first name of the child blank in case the parents cannot decide on the name yet?

the parents are not decided on the first name for the child, write only the middle and last name but never write "Baby Boy or Baby Girl". Entries dual's first name to distinguish him from an ascendant of the same name are acceptable as added identification. (I.M. p. 14-15).

s in making the entry of the last name of a child?

rn to a legally married couple, write the last name of father ; rn to a mother who is not married during a pregnancy and at the time of birth, the following rules shall apply: was born on or after 3 August 1988, write the last name of the mother. was born before 3 August 1988: e last name of the father if both parents execute the Affidavit of Acknowledgement at the back of the Certificate of Live Birth. e last name of the acknowledging parent if either the father or the mother alone acknowledges the child. In this case, no information should lead to ot acknowledging the child, that is, the space provided for the information about the parent must have "Not Applicable" or "N.A." as entry". ent acknowledges the child, enter the last name of the mother (I.M. p. 15-16)

n the registration of the place of birth? occur in hospital, clinic or institution, write the complete name and address of the hospital or institution. did not occur in any of the above institution, write the complete address where the birth occurred. (I.M. p. 17)

ndicate the date and place of the marriage of the parents in the certificate of live birth?

ortant that this item (Item 18) is not left blank, otherwise, the legitimacy of the child will be questioned.

forgotten the exact date of their marriage, enter the approximate year. If they cannot approximate the year, enter "forgotten".

ble" if the child has unknown father or mother.

"Don't Know" or "D.K." if the informant could not supply the information.

" if the parents of the child are not legally married on or before the birth of the child and their names appeared in Item 6 and Item 13. (I.M. p. 24-2

ation if Item 22 (Received at the Office of the Civil Registrar) is not signed by the receiver?

xed in this item indicates that the certificate was filed and accepted by the civil registrar. The date indicates whether the birth certificate w d.

necessary signature in Item 22 can be a basis for questioning the validity of the certificate. (I.M. p.27)

an out-of-time Reporting of Birth?

orting of birth is meant as:

orting of birth occurs when the Certificate of Live Birth is presented to the civil registrar of a city or municipality which is not the place of birth, to the civil registrar of the city or municipality where the birth occurred and where it should be registered.

ing Certificate of Live Birth for out-of-town reporting by the concerned civil registrar may also be performed by the Civil Registrar-General o o are the Regional Administrators and Provincial Statistics Officers of the National Statistics Office. (Rule 20, A.O. No. 1 s 1993).

irements to be complied with by the concerned parties in the out-of-town reporting of birth?

o is applying for out-of-town reporting of birth shall execute an affidavit declaring therein, among other things, the facts of birth and the reasons n the civil registrar of the city or municipality where it occurred. The affidavit which must be attested by at least two (2) witnesses, shall serve a all be submitted to the civil registrar together with four (4) copies of the Certificate of Live Birth; ion is for delayed registration of birth, the requirements under the rules governing delayed registration of birth shall also be complied with; strar or the authorized representative of the National Statistics Office to the application for out-of-town reporting is presented may require from ng papers as may be considered necessary in establishing the facts of birth especially those pertaining to the date and place of birth and filiation sought for registration; e of Live Birth, for the purpose of this Rule, shall have the marginal annotation in the form of the following remark : "Registered pursuant e Order No. 1, s. 1993" ; and, strar of the city or municipality where the out-of-town reporting is sought, upon receipt of the Certificate of Live Birth and pertinent papers, sha He shall indicate the date when he received the document, and shall sign over his printed name in appropriate space in the Certificate of Liv Live Birth has been duly recorded and assigned a registry number, the civil registrar shall send back the original copy to the civil registra of the National Statistics Office who forwarded the Certificate of Live Birth, who in turn shall give the copy bearing the registry number to the r o. 1 S. 1993)

mation and who can be legitimated?

s a remedy by means of which those who in fact were not born in wedlock and should, therefore, be considered illegitimate, are, by fiction, cons ed that they were born when their parents were already validly married. (1 Manresa 550, as cited on p. 251, Handbook on Family Code of the Ph

conceived and born outside of wedlock of parents who at the time of the conception of the former, were not disqualified by any impediments to mated. (Art. 177, Family Code) of children by subsequent marriage of parents shall be recorded in the civil registry office of the place where the birth was recorded. The requirem n 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 contrac (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 childs record of birth, in a will, a statemen

record, or in any authentic writing (not required for illegitimate children born on or after 3 August 1988).

be considered legitimated by subsequent marriage, it is necessary that:

uld have legally contracted marriage at the time the child was conceived ; has been acknowledged by the parents before or after the celebration of their marriage ; and dgement has been made with the consent of the child, if age or with the approval of the court, if a minor, unless it has been made in the certifica ny authentic writing.

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 Sub y name which the child shall bear by virtue of the legitimation also giving reference to the entry number in the Registrar of Legal Instruments.

d party requests a copy of the birth certificate of a legitimated child a certified copy of the certificate of Live Birth bearing the annotation "Legitim ____ (date of marriage) at __________ (place of marriage)" or a certified transcription using standard form from the Register of Births bea e same annotation indicated in the certified true copy shall be issued. (Rule 66, A.O. No. 1 S. 1993)

tion take place?

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