REPUBLIC OF THE PHILIPPINES
HOUSE OF REPRESENTATIVES
QUEZON CITY

SIXTEENTH CONGRESS
FIRST REGULAR SESSION

H.B.No2355

Introduced by HON. AL FRANCIS C. BICHARA

EXPLANATORY NOTE

This Bill seek to redress a wrong and correct an injustice against millions of
children who, by no fault of their own, have been labeled by operation of law with the
unsavory and odious term, “illegitimate” - a stigma which they are suffering and will
continue to suffer for the rest of their lives.

Under the Family code, there are three kinds of children namely : legitimate,
illegitimate and legitimated. Article 164 of the same law specifically defines an
illegitimate child as one conceived and born outside of a valid marriage or outside lawful
wedlock while a legitimated child is one who is originally illegitimate but later considered
legitimate by legal fiction because of the subsequent marriage of parents.

While framers of the Family Code may have their own reasons for classifying
children as legitimate, illegitimate or legitimated, the rationale for this distinction,
however, should give precedence of the personal sufferings, humiliation, moral anguish
and social costs being suffered by children and adults as a result of this unwarranted
labeling. Indeed, a child who was born out of wedlock should not be faulted by branding
him or her as illegitimate for having parents who are not married to each other. Neither
should a child, who by accident was born before his or her parents were married, be
punished to undergo a “legitimate process” and be considered as “legitimated”.

Indeed from the day a child is born out of wedlock, her or she automatically
becomes a marginalized citizen, socially and economically. More often not, children
born out of wedlock grew under the care of a single parent, relatives, foster families or
adoption homes. From birth, this child may never experience the love and care a
traditional family usually gives. Worse, this child is prone to ridicule by his peers and
ostracize by an unforgiving society. Putok sa buho, anak sa labas, bastardo;bastarda-
are the common painful terms which our society usually attribute to children born out of
wedlock

Despite the utter disadvantage being suffered by a child born out of wedlock, our
laws further add injury by labeling and branding them as —"illegitimate” or * legitimated’.
Black Law Dictionary defines “illegitimate” as “contrary to law “ or “referring to child born
out of wedlock” while Webster Dictionary defines the term as “against the law; illegal;
born out of wedlock.” In effect, an illegitimate child is not only a child born out of



wedlock but a child that is against the law or a child that is contrary to law. Sad to say,
this unsavory label is carried by this child to adulthood and until his death. This is further
worsened by the negative connotations of the term illegitimate which is now being
widely used to refer to anything unlawful or illicit such as an illegitimate government,
illegitimate means, illegitimate deals, illegitimate business etc., etc. Even worst, aside
from being marginalized by society as a result of this unwarranted label, children born
outside of marriage have limited rights and privileges, specially with respect to
successional rights.

It is unfortunate that our laws, instead of protecting children who are marginalized
by accident of their birth, further perpetuate oppression and inequality. Classifying
children into different kinds based on their fillations has created second-class or third
class children which do more harm not only to these children but to our society, in
general

Finally, our society always consider children as gifts from God. As gifts, the least
that we can do is to take care and nurture these gifts by considering them as equal not
only in the eyes of their Creator but also in the eyes of man. This bill therefore , seeks to
maintain and protect these gifts as co-equal to each other without any distinction or
discrimination whatsoever. For after all, our Constitution itself recognizes that we are all
created equal

In view of the foregoing considerations, the approv:
recommended

of this bill is highly

AL C. BICHARA
istrict, Albay


SIXTEENTH CONGRESS OF THE )
REPUBLIC OF THE PHILIPPINES )
FIRST REGULAR SESSION )

2355

H.B. Nof?¥'

Introduced by HON. AL FRANCIS C, BICHARA

AN ACT AMENDING TITLE VI OF E.0. NO. 209. AS AMENDED, OTHERWISE
KNOW AS THE FAMILY CODE BY REMOVING AND/OR ERASING DISTINCTIONS
BETWEEN LEGITIMATE, ILLEGITIMATE AND LEGITIMATED FILIATION, AND FOR
OTHER PURPOSES

Be it enacted by the Senate and House of Representatives of the Philippines in
Congress assembled.

Section 1. Article 163, Chapter 1, Title VI of E.0. No. 209, as amended
otherwise known as the Family Code is herby amended to read as follows:

Article 163. The filiation of children may be by nature or adoption.

Section 2. Articles 164, 165, 168, 169, 170 and 171 all of Chapter 1, Article
172,173 and 174 of Chapter 2, 175 and 176 of Chapter 3 and Article 177, 178, 179,
180, 181 and 182 of Chapter 4 of the same Code are hereby expressly repealed and
abrogated

Section 3. The filiation of natural children is established by any of the
following:

a) The record of birth appearing in a civil register or final judgment;

b) An admission of natural filiation in a public document or a
private handwritten instrument and signed by the parties
concerned; and

©) Any other means allowed by the Rules of Court and Special
Laws.

Section 4, All children shall have the right:

a) To bear the surname of father and mother in conformity with the
provisions of the Civil Code and Special Laws.

b) To receive support from their parents, their ascendants and in
proper cases, their brothers and sisters in conformity with the
provisions of the Family Code;

c) To be entitled to the legitimate and other successional rights
without any distinction whatsoever.


b) To receive support from their parents, their ascendants and in
proper cases, their brothers and sisters in conformity with the
provisions of the Family Code;

c) To be entitled to the legitimate and other successional rights
without any distinction whatsoever.

Section 5. Parents shall have joint parental authority over their children,
provided however, the parent intending to exercise parental authority recognizes and/or
acknowledges such child as his or her own

Section 6. All other laws, acts, decrees, executive orders, issuances and rules
and regulations or part thereof which are inconsistent with any provisions of this Act are
hereby repealed, amended or modified accordingly.

Section 7. If any provision of this Act is subsequently declared
unconstitutional, the validity of the remaining provisions hereof shall remain in full force
and effect.

Section 8. This Act shall take effect within fifteen ( 15 ) days upon publication
in a newspaper of general circulation.

Approved,