Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

TIME: 22 po

19" CONGRESS =
ay: a

First Regular Session
House Bill No,__237

CAJAYON.

Introduced by: REPRESENTATIVE MARY MITZ

AN ACT
PROVIDING FOR THE LEGITIMATION OF CHILDREN CONCEIVED AND BORN
OUTSIDE OF WEDLOCK OF PARENTS WHOSE SUBSISTING MARRIAGES ARE
SUBSEQUENTLY DECLARED VOID FROM THE BEGINNING AFTER THEIR BIRTH,
AMENDING FOR THE PURPOSE ARTICLE 177, CHAPTER 4 OF EXECUTIVE ORDER
NO. 209, AS AMENDED, OTHERWISE KNOWN AS THE FAMILY CODE OF THE
PHILIPPINES.

EXPLANATORY NOTE

It is the mandate of the State to defend the right of children from ail conditions prejudicial to
their development’. Likewise, the Supreme Court, in its issuances regarding the protection of
the child?, consistently defined the “best interest of the child” as “the totality of circumstances
and conditions that are most congenial fo the survival, protection and feelings of security of
the child and most encouraging to the child's physical, psychological and emotional
development’ or “the least detrimental available alternative for safeguarding the growth and
development.

This bill seeks to elevate the status of illegitimate children to that of legitimate, whose parents’
subsisting marriage was subsequently declared void from the beginning by final judgment
rendered by a competent court after their birth,

The stigma that attaches to illegitimate children is both unfortunate and unfair to the child given
that their status is not a result of their own doing or fault. This burden that the children carry
certainly affects their wellbeing and is detrimental to their overall development as human
beings. ’
Sn
MARY MITZI CAJAYOW-UY
Representative
2" District, Caloocan City

1987 Constitution, .Irt NV, See. 3/2)
= Rule on Examination of a Child Witness. Rule on Custody of Minors and rit of Minors and Writ of Habeas
Corpus in Relation to Custody of Minors, among others


Republic of the Philippines
HOUSE OF REPRESENTATIVES
‘Quezon City

19" CONGRESS
First Regular Session
House Bill No._237

NTATIVE MARY MITZI CAJAYON-UY

Introduced by: REPRE

‘AN ACT
PROVIDING FOR THE LEGITIMATION OF CHILDREN CONCEIVED AND BORN
OUTSIDE OF WEDLOCK OF PARENTS WHOSE SUBSISTING MARRIAGES ARE
SUBSEQUENTLY DECLARED VOID FROM THE BEGINNING AFTER THEIR BIRTH,
AMENDING FOR THE PURPOSE ARTICLE 177, CHAPTER 4 OF EXECUTIVE ORDER
NO. 209, AS AMENDED, OTHERWISE KNOWN AS THE FAMILY CODE OF THE
PHILIPPINES

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

SECTION 1. Short Title - This Act shall be known as the “Expanded Legitimation Act’

SECTION 2. Declaration of Policy. — Under Sec. 3(2), Art. XV, 1987 Constitution, it is the
responsibility of the State to defend the right of children from conditions prejudicial to their
development. Furthermore, the State recognizes the best interest of the child regardless of
status.

SECTION 3. Art. 177 of E.O No. 209, as amended, is hereby amended to read as follows:

“Art. 177. 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, or were so disqualified only because either or both of them
were below eighteen (18) years of age, may be legitimated. Likewise, children
conceived and born outside of wedlock of parents whose subsisting
Marriage at the time of the child’s birth is subsequently declared void
under Arts. 35, 36, 37, and 38 of this Code by final judgment declaring
such previous marriage void from the beginning may be legitimated.”

SECTION 4. Repealing Clause. A law, presidential decree or issuance, executive order, letter
of instruction, administrative order, rule or regulation contrary to or inconsistent with any
provision of this Act is hereby repealed or modified accordingly.

SECTION 5. Effectivity Clause. This Act shall take effect fifteen (15) days after its publication
in the Official Gazette or in at least one (1) national newspaper of general circulation,
whichever date comes earlier

Approved,