FOURTEENTH CONGRESS OF THE REPUBLIC 
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OF THE PHILIPPINES 
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133 
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First Regular Session 
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S E N A T E  
S.B. NO. 1406 
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Introduced by SENATOR COMPANERA PIA S. CAYETANO 
EXPLANATORY NOTE 
The duty of the State to protect and strengthen the family is enshrined in 
the 1987 Philippine Constitution. It is the task of legislators to review and amend 
existing laws and enact new ones toward this goal. 
One of the frequently encountered problems in radio shows providing free 
legal advice is illegitimacy. It is indeed sad to hear about children being 
considered as illegitimate simply because they were conceived or born at the 
time their parents were not of legal age, even if there were no other legal 
impediments to marry. This may seem like a simple question on the legitimacy of 
the child. However, from the legal point of view, what seems like a simple issue 
actually carries with it legal consequences prejudicial to the illegitimate children, 
who should not be made to suffer because of the mistake of their parents. These 
legal consequences include entitlement to a share equivalent to only half of that 
given to legitimate children from the estate of their parents, being barred from 
inheriting from the legitimate children and relatives of their father or mother, and 
the condition in the law that a legitimate brother or sister may not be compelled to 
support an illegitimate brother or sister if the cause for the need of support is 
imputable to the claimant‘s fault or negligence. 
This bill therefore seeks to allow children conceived and born out of 
wedlock to parents who were then below marrying age and who subsequently 
contracted a valid marriage, to be considered legitimate. 
With the welfare of these children in mind, I strongly urge for the 
immediate passage of this bill. 
CO fP+ 
A-ERA q 
PI S. CAYETANO 
Sen#jor 


FOURTEENTH CONGRESS OF THE REPUBLIC 
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7 
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OF THE PHILIPPINES 
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First Regular Session 
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S E N A T E  
S.B. No. 
Introduced by SENATOR COMPANERA PIA S. CAYETANO 
AN ACT 
PROVIDING FOR THE LEGITIMATION OF CHILDREN BORN TO PARENTS 
BELOW MARRYING AGE, AMENDING FOR THE PURPOSE THE FAMILY 
CODE OF THE PHILIPPINES, AS AMENDED 
Be it enacted by the Senate and House of Representatives of the Philippines in 
Congress assembled: 
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. Only children conceived and born outside of 
wedlock TO [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[.] 
UPON THE 
SUBSEQUENT 
CONTRACTING OF A VALID MARRIAGE OF THEIR PARENTS. 
PROVIDED, THAT CHILDREN CONCEIVED AND BORN OUT OF 
WEDLOCK TO PARENTS BELOW MARRYING AGE AND 
WITHOUT HAVING ANY OTHER LEGAL IMPEDIMENT TO 
MARRY, MAY BE LEGITIMATED BY THE SUBSEQUENT VALID 
MARRIAGE BY THEIR PARENTS. 
SECTION 2. Repealing Clause. - All laws, presidential decrees, executive 
orders, proclamations, andlor administrative regulations which are inconsistent 
with the provisions of this Act are hereby repealed, superceded, modified or 
amended accordingly. 
SECTION 3. Effectivity. - This act shall take effect fifteen (15) days after 
publication in the Official Gazette or in two (2) newspapers of general circulation. 
Approved,