Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City
EIGHTEENTH CONGRESS
First Regular Session
2642

House Bill No.

Introduced by Hon. Juliet Marie D. Ferrer

EXPLANATORY NOTE

Article 177 of the Family Code provides:

Art. 177. 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.

Under the afore-quoted law and present jurisprudence, only children
whose parents have no legal impediments at the time of their conception shall
have the right to be LEGITIMATED. Those others cannot be legitimated. Such
condition give rise to an awkward scenario whereby a child born of the same
parents will have to undergo a process of adoption in order to elevate the status of
the child. The child then would become an ADOPTED CHILD of his/her
BIOLOGICAL PARENTS.

Aside from undergoing such tedious process of adoption, parents would
have to spend tremendous amount of legal and judicial costs not to mention the

confusion and trauma the process would have on the child, wondering why
he/she being adopted by his/her own parents.

Itis for these reasons that I seek the approval of this bill.

J D- FERRER


Republic of the Philippines
HOUSE OF REPRESENATIVES
Quezon City

EIGHTEENTH CONGRESS
___ Regular Session

HOUSE BILL NO. 2642

Introduced by Representative Hon. Juliet Marie D. Ferrer
(4t* District Negros Occidental)

AN ACT
ELEVATING THE STATUS OF THE CHILDREN BORN OUT OF WEDLOCK, AMENDING
FOR THIS PURPOSE ARTICLE 177 OF EXECUTIVE ORDER 209, 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. Article 177 of the Family Code of the Philippines is hereby, amended to
read as follows:

“Art. 177. Children conceived and born outside of wedlock may be legitimated by a
subsequent valid marriage of their parents.”

SECTION 2. No Court Declaration is Necessary to effect legitimation.- An Affidavit of
Legitimation executed by either or both parents of the child or by the child himself acting
thru a guardian if he is minor, may be filed with the Civil Registrar where the records of
birth of the child is registered.

Section 3. The Affidavit of Legitimation shall contain the following statements of facts
and supported by the duly authenticated documents by the National Census Office
and/or concerned Civil Registrar, to wit:

1. The fact that the child is born of wedlock with his authenticated Birth Certificate
indicating such fact;

2. The fact of the legal impediments of the child at the time the child was born;

3. The fact of the subsequent valid marriage of the child's parents supported by the
duly authenticated marriage certificate of the said parents;

4, The fact that the said marriage has not been revoked, annulled otherwise voided
by the court of competent jurisdiction supported by the duly authenticated
Certificate of such fact from the Civil Registrar where such marriage was
registered.

Section 4. Reversion to Illegitimacy. The declaration of nullity of the marriage of the
parents of the child aforesaid, other that the ground of psychological incapacity shall
automatically revert the status of the child to illegitimate, and all laws and rules
applicable to illegitimate children shall apply as if no illegitimacy proceeding had taken


place. The same conditions or consequences shall be imposed in cases falling under
voidable and void marriages.

Section 5. Pending cases of Adoption. Cases for adoption filed by reason of the provision
of Article 177 prior to its amendment may be dismissed and the remedies outlined in this
provision may be pursued.

Section 6. All laws, presidential decrees, executive orders, ruled and regulations and
other issuances, or any part thereof, inconsistent with this Act are hereby repealed,
modified or amended accordingly.

Section 7. Effective Clause. This Act shall take effect fifteen (15) days after its publication
in the Official Gazette or in at least two (2) newspaper of general circulation.

Approved.