Republic of the Philippines 
HOUSE OF REPRESENTATIVES 
Constitution Hills, Quezon City 
NINETEENTH CONGRESS 
First Regular Session 
HOUSE BILL NO.   _______ 
Introduced by  
REPRESENTATIVE PANTALEON D. ALVAREZ 
AN ACT 
RECLASSIFYING LEGITIMATE CHILDREN INTO CHILDREN 
BORN WITHIN WEDLOCK AND ILLEGITIMATE CHILDREN INTO 
CHILDREN BORN OUT OF WEDLOCK, HEREBY AMENDING THE 
PERTINENT PROVISIONS OF THE CIVIL CODE OF THE 
PHILIPPINES, THE FAMILY CODE OF THE PHILIPPINES, AND 
OTHER PERTINENT LAWS PERTAINING TO THE DISTINCTION 
BETWEEN CHILDREN BORN WITHIN OR OUT OF WEDLOCK 
FORMALLY KNOWN AS LEGITIMATE AND ILLEGITIMATE 
CHILDREN 
EXPLANATORY NOTE: 
This Bill seeks to remove the distinction between children born 
within wedlock and children born out of wedlock, formally known as 
legitimate and illegitimate children, as provided under Articles 163 – 182 
as amended, Executive Order No. 209, s. 1987, as amended, and other 
pertinent laws of the land. 
Under our existing laws, illegitimate children have lesser rights 
compared to legitimate children. In terms of inheritance, the illegitimate 
child is only entitled to one-half of the inheritance of a legitimate child. 
As a signatory of the UN Convention on the Rights of the Child, the 
Philippine government is obligated to ensure that the best interests of the 
child must be the primary consideration in all actions concerning 
children. This bill seeks to address such inequality before the law.  
September 14, 2022
5:41 pm
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This Bill was filed in the 18th Congress on August 26, 2020 and 
docketed as House Bill No. 7500. Unfortunately, said Bill did not progress 
after the 1st reading.  
Hence, it is refiled and its approval is earnestly sought. 
   PANTALEON D. ALVAREZ 


Republic of the Philippines 
HOUSE OF REPRESENTATIVES 
Constitution Hills, Quezon City 
NINETEENTH CONGRESS 
First Regular Session 
HOUSE BILL NO.   _______ 
Introduced by  
REPRESENTATIVE PANTALEON D. ALVAREZ 
AN ACT 
RECLASSIFYING LEGITIMATE CHILDREN INTO CHILDREN 
BORN WITHIN WEDLOCK AND ILLEGITIMATE CHILDREN INTO 
CHILDREN BORN OUT OF WEDLOCK, HEREBY AMENDING THE 
PERTINENT PROVISIONS OF THE CIVIL CODE OF THE 
PHILIPPINES, THE FAMILY CODE OF THE PHILIPPINES, AND 
OTHER PERTINENT LAWS PERTAINING TO THE DISTINCTION 
BETWEEN CHILDREN BORN WITHIN OR OUT OF WEDLOCK 
FORMALLY KNOWN AS LEGITIMATE AND ILLEGITIMATE 
CHILDREN. 
Be it enacted by the Senate and House of Representatives of the Philippines in 
Congress assembled: 
SECTION 1.  – All provisions in the Civil Code of the Philippines, 
the Family Code of the Philippines, and other pertinent laws classifying 
children born inside a valid marriage as legitimate children are hereby 
amended to classify them as “children born within wedlock”. All 
provisions classifying children born outside of a valid marriage as 
illegitimate children are hereby amended to classify them as “children 
born out of wedlock”. 
SECTION 2. Art. 164 is hereby amended to read as follows - 
“Article 164. Children conceived and born during the 
marriage of the parents are [legitimate] CHILDREN BORN 
WITHIN WEDLOCK. 
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Children conceived as a result of artificial insemination of the 
wife of the sperm of the husband or that of a donor or both are 
likewise [legitimate children] CHILDREN BORN WITHIN 
WEDLOCK of the husband and wife provided that both of 
them authorized or ratified such insemination in a written 
instrument executed and signed by them before the birth of 
the child. The instrument shall be recorded in the civil registry 
together with the birth certificate of the child.  
 
IN THE ABSENCE OF SAID WRITTEN INSTRUMENT, 
THE MOTHER AND THE FATHER OF THE CHILD WILL 
BE THE PERSONS FROM WHOM THE SPERM AND THE 
EGG WERE SOURCED FROM.  
 
 
SECTION 3. Article 176 of the Family Code of the Philippines is 
hereby amended to read as follows -  
 
 
"Article 176. [Illegitimate children] CHILDREN BORN OUT 
OF WEDLOCK shall use the surname and shall be under the 
parental authority of their mother, and shall be entitled to 
support in conformity with this Code. HOWEVER, 
CHILDREN BORN OUT OF WEDLOCK MAY USE THE 
SURNAME OF THEIR FATHER IF THEIR FILIATION 
HAS BEEN EXPRESSLY RECOGNIZED BY THE FATHER 
THROUGH THE RECORD OF BIRTH APPEARING IN 
THE CIVIL REGISTER, OR WHEN AN ADMISSION IN A 
PUBLIC DOCUMENT OR PRIVATE HANDWRITTEN 
INSTRUMENT IS MADE BY THE FATHER. PROVIDED, 
THE FATHER HAS THE RIGHT TO INSTITUTE AN 
ACTION BEFORE THE REGULAR COURTS TO PROVE 
NON-FILIATION DURING HIS LIFETIME. The legitime of 
each [illegitimate child shall consist of one-half of the legitime 
of a legitimate child. Except for this modification, all other 
provisions in the Civil Code governing successional rights 
shall remain in force.] CHILD BORN OUT OF WEDLOCK 
SHALL BE EQUAL TO THE LEGITIME OF A CHILD 
BORN WITHIN WEDLOCK. 
 


FOR PURPOSES OF THIS PROVISION, CHILDREN 
BORN 
WITHIN 
WEDLOCK 
ARE 
CHILDREN 
CONCEIVED OR BORN DURING THE MARRIAGE OF 
THE PARENTS. CHILDREN BORN OUT OF WEDLOCK 
ARE CHILDREN CONCEIVED AND BORN OUTSIDE A 
VALID MARRIAGE.” 
 
 
SECTION 4. Separability Clause. If any part of provision of 
this Act be considered as unconstitutional, the remaining parts not 
affected shall remain valid and in full effect.  
 
SECTION 5. Repealing Clause. All laws, decrees, orders, 
issuances, rules and regulations or parts thereof inconsistent with 
the provisions of this Act are hereby repealed or modified 
accordingly. 
 
SECTION 6. Effectivity. This Act shall take effect fifteen (15) 
days after its publication in the Official Gazette or in a newspaper of 
general circulation. 
 
Approved,