Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City, Metro Manila

‘SIXTEENTH CONGRESS
FIRST REGULAR SESSION

vouse etino.__4789

AN ACT GRANTING ILLEGITIMATE CHILDREN EQUAL SUCCESSIONAL RIGHTS WITH THAT OF
LEGITIMATE CHILDREN TO THE ESTATE OF THEIR MOTHER

Introduced by Representative Isagani S. Amatong

EXPLANATORY NOTE

There is no law in this world that could articulate the unique relationship of a mother and
her child. A mother, who carried a child in her womb for nine months and has opted to give
birth to such child to this world under any circumstance, is presumed to have loved that
child. The laws of men may put a label on the child’s status as either legitimate or
illegitimate, but a mother’s heart recognizes no label. Hence, our laws, being laws of
compassion and equity must be consistent with a mother's natural inkling to care for her
children with no discrimination and legally imposed limitations.

Further, the sacred relationship between a mother and her child has long been recognized
in our society as reflected in our Family Code. A child is assured by our laws that whenever
conceived and born outside a valid marriage, he or she has a mother to take care of him or
her, especially in the absence or default of the father. The child is to stay within the custody
and care of the mother during tender years, (Article 214 of the Family Code) unless of
course the mother is shown to be unfit to perform her parental duties.

The mother is always presumed by our laws to be the best custodian of her child or children,
without any regard to the legitimacy or illegitimacy of their relationship. As opposed to
paternity, maternity can never be denied since the relationship of mother and child can
easily be established by the very existence of a child’s birth. Undoubtedly, this is the reason
why our Family Code does not allow one’s maternity to be impugned vis-a-vis to that of
paternity.

The Family Code also provides that an illegitimate child must first be recognized by the
father in order to be entitled to at least half of the legitime of a legitimate child. The father
is even given the right to deny his paternity and is not compelled to sign the birth certificate

of a child.


However, this is never the case with respect to maternal relations of the child to the
mother. Our present law requires that a mother should adopt her own illegitimate child in
order to raise the child's status to “legitimated,” to entitle the child to the same rights and
privileges to that of his or her legitimate siblings, if any.

In addition, under our present laws in Domestic Adoption, a mother who intends to adopt
her own child out of wedlock who eventually marries, must get the consent of her husband
before she could do so, Article 3.7.ii of RA 8552 otherwise known as Domestic Adoption
Law provides “Husband and wife shall jointly adopt, except in the following cases: (i) if one
spouse seeks to adopt his/her own illegitimate son/daughter: Provided, However, that the
other spouse has signified his/her consent thereto;”. This, all the more puts the illegitimate
child at a disadvantageous situation assuming that the husband of the mother refuses to
give his consent to the child’s adoption.

Either way, a mother has to go through the long judicial process just so she could ensure
that her child born out of wedlock could receive the same rights and privileges exclusively
given to legitimate children and secondary compulsory heirs i.e parents of his or her
mother. And at worst, the mother is left with no recourse if her husband refuses to give his
consent to adopt.

In the absence of such adoption proceedings, the child is left with merely one half of the
right of a legitimate child over his or her mother's estate and worse, the child has to make
do of whatever is left for him or her after other legitimes of other heirs are satisfied. i.e.
secondary heirs such as the parents of his or her mother, if the mother died without a
husband and legitimate children.

Therefore, the absurdity in law of having to "adopt" one’s own child just so he or she could
enjoy the equal rights and privileges only given to legitimate children for purposes of
succession should now be addressed.

It is only equitable and just that any child born in this world should receive the same
successional rights from the estate of his or her mother as a “birth right.” That is to say, the
mother is no longer required to adopt her own child to vest him or her same rights and
privileges of that of legitimate children insofar as the mother’s estate is concerned. After all,
children born to this world may have fathers ignorant of their very existence, but we will
always have mothers who have witnessed who have witnessed our first breath of life.

This, however, shall not automatically raise the child’s status to “legitimate”. The mother

may still opt to adopt the child if she wants her child to receive equal rights of
representation to the estate of grandparents ab intestato.

lace MATONG a


Republic of the Philippines
HOUSE OF REPRESENTATIVES,
Quezon City, Metro Manila

SIXTEENTH CONGRESS
SECOND REGULAR SESSION

House eit. no,__4789

Introduced by Representative Isagani S. Amatong

AN ACT GRANTING ILLEGITIMATE CHILDREN EQUAL SUCCESSIONAL RIGHTS WITH THAT OF
LEGITIMATE CHILDREN TO THE ESTATE OF THEIR MOTHER

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

SECTION 1. Short Title- This Act shall be known as “Expanded Illegitimate Children’s
Rights Act of 2014”

SECTION 2. Declaration of Policy- It is hereby declared the policy of the State to protect
the rights and promote the welfare of children born out of wedlock while taking into
consideration the vested rights of their legitimate siblings. The State shall strive to promote
and improve their economic status and empower their mothers who have the primary
parental authority over them, consistent with the constitutional provision on equal
protection clause.

SECTION 3. Objectives

* Raise the illegitimate child's rights’ status on equal footing with that of legitimate
child to the estate of the mother

Take away the legal absurdity of requiring a mother to adopt her own child to raise
rights on equal footing with her other legitimate children Hl

SECTION 4, Coverage


The equality with respect to legitime is limited only to the mother’s estate and in no way
shall affect the child’s rights with respect to his biological father and other relatives. This
law shall cover children born out of wedlock regardless of circumstances.

SECTION 5. Maternal Bond; How Establishe

In order to establish the maternal bond, a proo’ that the mother had given birth to the child
is needed. Certificate of Live Birth is prima facie proof of maternal bond. A DNA test may
also be undertaken to establish maternal bond.

SECTION 6. Scope of Expanded Illegitimate Children’s Rights

The expanded rights of the illegitimate children shall cover both testate and intestate
succession, The illegitimate children shall receive one full share in the estate of their
mother in the same way as those of legitimate children and for all intents and purposes
shall be in the same category with those of legitimate children.

If the mother is survived by an illegitimate child concurring with other relatives, the
presence of the illegitimate child shall exclude in the order of succession all other surviving
relatives, just like the presence of a legitimate child.

SECTION 7. _ Limitation as to the Rights Conferred

The rights conferred shall be limited only to the estate of the mother and in no way confer
other rights and privileges with respect to child’s successional rights to the estate of the
relatives of the mother in case of predecease.

SECTION 8, Repealing Clause. ~ Any provisions of law presidentials decree, executive
orders, rules and regulations contrary to the provisions of this Act are hereby repealed or
modified accordingly.

SECTION 9. Effectivity. — This Act shall take effect fifteen (15) days after its complete

publication in the Official Gazette or in at least two (2) newspapers of genral circulation,
whichever comes earlier.

Approved