REPUBLIC OF THE PHILIPPINES
HOUSE OF REPRESENTATIVES.
QUEZON CITY

FIFTEENTH CONGRESS
FIRST REGULAR SESSION

HB.No.__130

Introduced by HON. AL FRANCIS C, BICHARA

EXPLANATORY NOTE

This Bill seek to redress a wrong and correct an injustice against millions of children
who, by no fault of their own, have been labeled by operation of law with the unsavory and
odious term, “illegitimate” - a stigma which they are suffering and will continue to suffer for the
rest of their lives.

Under the Family code, there are three kinds of children namely : legitimate, illegitimate
and legitimated. Article 164 of the same law specifically defines an illegitimate child as one
conceived and born outside of a valid marriage or outside lawful wedlock while a legitimated
child is one who is originally illegitimate but later considered legitimate by legal fiction because
of the subsequent marriage of parents.

While framers of the Family Code may have their own reasons for classifying children as
legitimate, illegitimate or legitimated, the rationale for this distinction, however, should give
precedence of the personal sufferings, humiliation, moral anguish and social costs being suffered
by children and adults as a result of this unwarranted labeling. Indeed, a child who was boin out
of wedlock should not be faulted by branding him or her as illegitimate for having parents who
are not married to each other. Neither should a child, who by accident was born before his or her
parents were married, be punished to undergo a “legitimate process” and be considered as
“legitimated”.

Indeed from the day a child is born out of wedlock, Her or she automatically becomes a
marginalized citizen, socially and economically. More often not, children born out of wedlock
grew under the care of a single parent, relatives, foster families or adoption homes. From birth,
this child may never experience the love and care a traditional family usually gives. Worse, this
child is prene to ridicule by his peers and ostracize by an unforgiving society. utok sa buho,
anak sa labas, bastardo;bastarda- are the common painful terms which our society usually
attribute to children born out of wedlock.

Despite the utter disadvantage being suffered by a child born out of wedlock, our laws
further add injury by labeling and branding them as —“illegitimat
Dictionary defines “illegitimate” as “contrary to law “ or “referring to child born out 0. wedlock
while Webster Dictionary defines the term as “against the law; illegal; born out of wedlock.” In
effect, an illegitimate child is not only a child born out of wedlock but a child that is against the
aw or a child that is contrary to law. Sad to say, this unsavory label is carried by this child to

or“ legitimated”. Black Law



adulthood and until his death. This is further worsened by the negative connotations of the term
illegitimate which is now being widely used to refer to anything unlawful or illicit such as an
illegitimate government, illegitimate means, illegitimate deals, illegitimate business ete., etc.
Even worst, aside from being marginalized by society as a result of this unwarranted label,
children born outside of marriage have limited rights and privileges, specially with respect to
successional rights.

It is unfortunate that our laws, instead of protecting children who are marginalized by
accident of their birth, further perpetuate oppression and inequality. Classifying children into
different kinds based on their filiations has created second-class or third class children which do
more harm not only to these children but to our society, in general.

Finally, our society always consider children as gifts from God. As gifts, the least that we
can do is to take care and nurture these gifts by considering them as equal not only in the eyes of
their Creator but also in the eyes of man. This bill therefore , secks to maintain and protect these
gifts as co-equal to each other without any distinction or discrimination whatsoever. For after all,
‘our Constitution itself recognizes that we are all created equal

In view of the foregoing considerations, the approval of this bj

AL FRAWCIS C, BICHARA
2" Distrift, Albay


FIFTEENTH CONGRESS OF THE )
REPUBLIC OF THE PHILIPPINES )
FIRST REGULAR SESSION. )

130
H.B.No____

Introduced by HON. AL FRANCIS C. BICHARA

AN ACT AMENDING TITLE VI OF EO. No. 2009 AS AMENDED, OTHERWISE
KNOW AS THE FAMILY CODE BY REMOVING AND/OR ERASING DISTINCTIONS
BETWEEN LEGITIMATE, ILLEGITIMATE AND LEGITIMATED FILIATION, AND
FOR OTHER PURPOSES

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

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

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

Section 2, Articles 164, 165, 168, 169, 170 and 171 all of Chapter 1, Article 172,173
and 174 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 3. The filiation of natural children is established by any of the following:

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

b) An admission of natural filiation in a public document or a private
handwritten instrument and signed by the parties concerned; and

©) Any other means allowed by the Rules of Court and Special Laws.

Section 4. All children shall have the right:

a) To bear 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 tac provisions of
the Family Code;

©) To be entitled to the legitimate and other successional rights without
any distinction whatsoever.

Section 5, Parents shall have joint parental authority over their children, provided
however, the parent intending to exercise parental authority recognizes and/or acknowledges
such child as his or her own.


Section 6. All other laws, acts, decrees, executive orders, issuances and rules and
regulations or part thereof which are inconsistent with any provisions of this Act ae hereby
repealec, amended or modified accordingly.

Section 7. 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 8. This Act shall take effect within fifteen ( 15 ) days upon publication in a
newspaper of general circulation.

Approved,