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

EIGHTEENTH CONGRESS
First Regular Session

House BiLLNo, 2147

Introduced by
REP. ARLENE D. BROSAS (Gabriela Women’s Party),
REP. FRANCE L. CASTRO (ACT Teachers Partylist), REP. SARAH JANE |. ELAGO (Kabataan Partylist),
REPS. EUFEMIA C. CULLAMAT, CARLOS ISAGANI T. ZARATE and FERDINAND R. GAITE (Bayan Muna)

EXPLANATORY NOTE

The Philppine government, as a signatory to the UN Convention on the Rights of the Child (UN CRC), is obliged to
ensure that the best interests of the child must be the primary consideration in all actions concerning children, including
those undertaken by legislative bodies. It abo has a primordial duty to take all appropriate measure 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 bon
out of wedlock. It is prejudiced against “legitimate” 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 ths infirmity in the law.

Article 177 of the Family Code (Executive Order No. 209, as amended) provides that only children conceived and bom
outside of wedlock of parents who, atthe time of the conception of the former, were not disqualfied by any impediment
to marry each other, may be legitimated

This may be interpreted to mean that a child who was born outside of wedlock may never be legitimated, if atthe time
of hishher conception, his/her parents were disqualfied by any impediment to marry each other. The child may therefore
carry an illegitimate status all hisher Hf.

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, to legitimize
a child who was bom in such situation, parents will adopt their every own natural child. Yet, the adopted natural child
has less successional rights compared to that of his or her fulLbboded sibing who was bom when their parents are
ateady legally married

Ifthe parents who were earler disquaified to mary each other, but are later on allowed under the law to marry, 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 kgitimate child. In terms of name bearing, an illegitimate child cannot use the surname of the father
without an established fiial recognition.

This bill seeks to redness such situation that discriminated against the rights of children just because they are bom out
of their parents’ mistakes. Furthermore, this bill advocates for the consideration of ail children as legitimate.


The urgent passage of this bill is eamestly sought.

NE B/BROSAS
Gébriela WHmen's Party

Ome
FRANCE L. CASTRO EUREMIA C. CULLAMAT
ACT Teachers Partylist Bayan Muna Partylist
\
CARLOS ISAGANI T. ZARATE INAND R. GAITE

Bayan Muna Partylist Bayan Muna Partylist


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

EIGHTEENTH CONGRESS
First Regular Session

HOUSE BILL NO. 1147

Introduced by
REP. ARLENE D. BROSAS (Gabriela Women’s Party),
REP. FRANCE L. CASTRO (ACT Teachers Partylist), REP. SARAH JANE |. ELAGO (Kabataan Partylist),
REPS. EUFEMIA C. CULLAMAT, CARLOS ISAGANI T. ZARATE and FERDINAND R. GAITE (Bayan Muna)

(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 Philppines 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 fiation of children may be by nature or adoption.
‘Section 3. Article 164, 185, 168, 169, 170 and 171 allof 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 fifation of natural children is established by any of the following

a.) The record of birth appearing in a civil register of final judgment;

b.) An admission of natural fifation in a pubkc document or private handwritten instrument and
signed by the parties concemed; and

c.) Any other means allbwed by the Rules of Court and Special Laws

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

ARTICLE 174. Allchildren shall have the right:

a.) Tobeer the surname of father and mother in conformity with the provisions of the Civil Code and
Special Laws.

b.) 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;

c.) 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 chikiren, 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 shaill have the same obligation to maintain the child as if
it were bom 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 chiki bom out of wedlock.

‘Section 7. Maternal affitation of every child bor out of wedlock shall be based solely on the fact of the
birth of the child.

Section 8. Paternal afitation of every child bom out of wedlock may be evidenced or estabished by
voluntary recognition or by judicial decision

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

Section 10. In actions relating to patemal afitation 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
valdity of the remaining provisions hereof shall remain in fll force and effect.

Section 13. Retroactivity Clause - The provisions of this law shall have retroactive appication.

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

Approved,