FOURTEENTH CONGRESS OF THE 
) 
REPUBLIC OF THE PHILIPPINES 
) 
First Regular Session 
) 
Introduced by Senator JINGGOY EJERCITO ESTRADA 
EXPLANATORY NOTE 
Article 177 of Executive Order No. 209 othewise known as the Family Code of 
the Philippines provides that, "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, may be legitimated." Thus, children of adulterous, 
incestuous and bigamous relationship cannot be legitimated due to the existence of 
legal impediments of parents to marry at the moment of the former's conception. The 
same is true where children who are born out of wedlock or void marriages on 
account of public policy as stipulated in Article 38 of the Family Code. 
Verily, Article 177 was formulated to strengthen the objective of preserving the 
Filipino and solidify the moral fabric of our country. If Article 177 has not been 
otherwise provided, we will forever be confined with the danger of destroying the 
sanctity of marriage by encouraging prohibited relationships and subverting the 
rationale of legitimization of their children. 
However, Article 177 of the Family Code has equally denied implicitly the 
remedy of legitimizing ipso facto children born of parents who at the time of their 
conception or birth the sole legal impediment of the latter was that they were below 
eighteen (18) years of age if said parents subsequently decided to contract a valid 
marriage. Under the existing legal procedure, to legitimize a child who was born in 
such situation, parents will adopt their every own natural child. Indeed, this procedure 
is completely unacceptable. Moreover, the adopted natural child has less 
successional rights compared to that of his or her full-blooded sibling who was born 
when their parents are already legally married. 
Far from strengthening and promoting the integrity of the family. Article 177 
has provided an opportunity for subverting and closing the remedy of legitimizing 
children who are born of parents who, at the time of conception were below eighteen 
(18) years of age. Depriving children in such situation of the remedy to become 
legitimated children would be a very good prescription of bringing about a scandal. 
Many of them continue to bear the stigma of illegitimacy not to mention the social 
guilt and financial stress that comes with it. In fact, to a large extent, Article 177 
castigates and condemns these children for a fault that cannot, in any way, be 
attributed to them. Such inadvertence has placed them in the same position as that 
of children of adulterous and incestuous relationships, children of bigamous 
marriages, and other children who were born out of wedlock or of marriages which 
are void under Article 38 of the Family Code. In view of the foregoing, early approval 
of the proposed amendments is earnestly sought. 
Senator 
u 


FOURTEENTH CONGRESS OF THE 
) 
REPUBLIC OF THE PHILIPPINES 
) 
First Regular Session 
) 
S. B. No. 
337 
Introduced by Senator JINGGOY EJERCITO ESTRADA 
AN ACT 
AMENDING ARTICLE 177 OF EXECUTIVE ORDER NO. 209, OTHERWISE 
KNOWN AS THE FAMILY CODE OF THE PHILIPPINES 
Be it enacted by fhe Senafe and House of Represenfafives of the Philippines in 
Congress assembled: 
SECTlON 7. - Article 177 of Executive Order No. 209 otherwise known as the 
“Family Code of the Philippines,” is hereby amended to read as follows: 
Article 177. Only children conceived and born outside of wedlock of parent 
who, at the time of the conception of the former, were not disqualified by any 
impediment 
to 
marry 
each 
other, 
be 
legitimated: 
PROVIDED; 
THAT 
LEGITIMIZATION SHALL ATTACH TO CHILDREN WHOSE PARENT OR 
PARENTS WERE BELOW 18 YEARS OF AGE AT THE TIME OF THEIR 
CONCEPTION OR BIRTH AND SAID PARENTS SUBSEQUENTLY CONTRACTED 
A VALID MARRIAGE. 
SEC. 2. Effectivity. This Act shall take effect immediately upon approval. 
Approved,