Republic of the Philippines
HOUSE OF REPRESENTATIVES
Batasan Hills, Quezon City

NINETEENTH CONGRESS
First Regular Session

1338

HOUSE BILL NO.

Introduced by Honorable Representatives
ARLENE D. BROSAS (Gabriela Women's Party);
FRANCE L. CASTRO (ACT Teachers Partylist);
and RAOUL DANNIEL A. MANUEL (Kabataan Partylist)

AN ACT AMENDING TITLE VI OF E.0 209 AS AMENDED, OTHERWISE KNOWN AS,
THE FAMILY CODE BY REMOVING AND/OR ERASING CLASSIFICATION
BETWEEN LEGITIMATE, ILLEGITIMATE AND LEGITIMATED (FILIATION OF)
CHILDREN, AND FOR OTHER PURPOSES

EXPLANATORY NOTE

The Philippine government, as a signatory to the UN Convention on the Rights of the Child
(UN CRC), is obliged to ensure that the child's best interests must be the primary consideration
in all actions concerning children, including those undertaken by legislative bodies. It also has
a primordial duty to take all appropriate measures to ensure that children are protected against
all forms of discrimination.

The Family Code of 1987 contravenes this duty of the State when it discriminates against
children conceived or born out of wedlock. It is discriminatory against “illegitimate” children, or
those conceived or born out of marriage, who cannot and should not be faulted for their
parents’ marital impediment/s in the first place. Yet, these children suffer the consequences
because of this infirmity in the law.

Article 177 of the Family Code (Executive Order No. 209, as amended) provides that only
children conceived and born outside of wedlock 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.

This may be interpreted to mean that a child born outside of wedlock may never be legitimated
if, at the time of his/her conception, his/her parents were disqualified by any impediment to
marry each other. The child may therefore carry an illegitimate status all his/her life.

For example, a child born to a couple, one or both of whom is/are below eighteen years of
age, will never have the opportunity to be legitimated under Articles 177-182 of the Family
Code. Under the existing legal procedure, parents will adopt their own natural child to
legitimize a child born in such a situation. Yet, the adopted natural child has less successional
rights than that of his or her full-blooded sibling who was born when their parents are legally
married.

If the parents who were earlier disqualified from marrying each other but are later on allowed
under the law to marty, there is no reason why their child born out of wedlock should not be
legitimated by their marriage when the impediment ceases to exist.


This situation is unjust and discriminatory against the child

The rights of a legitimate and an illegitimate child are not equal in the eyes of the law.
Illegitimate children have lesser rights compared to legitimate children. In terms of inheritance,
the illegitimate child is entitled only to one-half of the inheritance of a legitimate child. In terms.
of name-bearing, an illegitimate child cannot use the father's surname without an established
filial recognition.

This bill seeks to redress situations that discriminate against children's rights just because
they are born out of their parents’ mistakes. Furthermore, this bill advocates for the
consideration of all children as legitimate.

The urgent passage of this bill is earnestly sought.

FRANCE L. CASTRO RA
Act Teaghers Partylist

Kabataan Partylist


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Batasan Hills, Quezon City

NINETEENTH CONGRESS
First Regular Session

1338

HOUSE BILL NO.

Introduced by Honorable Representatives
ARLENE D. BROSAS (Gabriela Women's Party);
FRANCE L. CASTRO (ACT Teachers Partylist);
and RAOUL DANNIEL A. MANUEL (Kabataan Partylist)

AN ACT AMENDING TITLE VI OF E.0 209 AS AMENDED, OTHERWISE KNOWN AS.
THE FAMILY CODE BY REMOVING AND/OR ERASING CLASSIFICATION
BETWEEN LEGITIMATE, ILLEGITIMATE AND LEGITIMATED (FILIATION OF)
CHILDREN, AND FOR OTHER PURPOSES

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

Section 1. The Act shall be known as “The Anti-Discrimination of Illegitimate

Children Act of 2019.”

Section 2. Article 163, Chapter 1, Title VI of E.0. No. 209, as amended otherwise
known as the Family Code is hereby amended to read as follows:

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

Section 3. Article 164, 165, 168, 169, 170 and 171 all of Chapter 1, Article 173 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 4. Article 172 is hereby amended to read as follows:

ARTICLE 172. The filiation of natural children is established by any of the
following:
The record of birth appearing in a civil register of final judgment;
a. Anadmission of natural filiation in a public document or private handwritten instrument
and signed by the parties concerned; and
b. Any other means allowed by the Rules of Court and Special Laws

Section 5. Article 174 is hereby amended to read as follows:

ARTICLE 174. All children shall have the right:
To bear the surname of father and mother in conformity with the provisions of the Civil
Code and Special Laws.
a. 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;


b. To be entitled to the legitimate and other successional rights without any distinctions
whatsoever.

Section 6. Article 211 is hereby amended to read as follows:

ARTICLE 211. Parents shall have joint parental authority over their children,
provided however, the parents intending to exercise parental authority recognizes
and/or acknowledges such child as his or her own. The father and mother of a child
born out of wedlock shall have the same obligation to maintain the child as if it were
born in wedlock. Where a legal obligation to maintain a child born in wedlock falls on
certain members of the family of the father or mother, this obligation shall also apply
for the benefit of a child born out of wedlock.

Section 7. Maternal affiliation of every child born out of wedlock shall be based solely
on the fact of the
birth of the child.

Section 8. Paternal affiliation of every child born out of wedlock may be evidenced or
established by
voluntary recognition or by judicial decision.

Section 9. The voluntary recognition of paternity may not be opposed or contested
unless the person
seeking to recognize or having recognized the child is not the biological father.

Section 10. In actions relating to paternal affiliation scientific evidence which my help
to establish or disprove paternity shall be admissible.

Section 11. Repealing Clause — All other laws, acts, decrees, executive orders,
issuances and rule and regulations or part thereof which are inconsistent with any provisions
of this Act are hereby repealed, amended or modified accordingly.

Section 12. Separability Clause - 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 13. Retroactivity Clause — The provisions of this law shall have retroactive
application

Section 14. Effectivity Clause — This Act shall take effect within fifteen (15) days upon
publication in a newspaper of general circulation.

Approved,