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

EIGHTEENTH CONGRESS
Second Regular Session

7500

HOUSE BILL NO.

Introduced by
REPRESENTATIVE PANTALEON D. ALVAREZ

AN ACT
AMENDING EXECUTIVE ORDER NO. 209, S. 1987, AS AMENDED,
OTHERWISE KNOWN AS THE FAMILY CODE OF THE
PHILIPPINES, INSOFAR AS RECLASSIFYING LEGITIMATE
CHILDREN INTO CHILDREN BORN WITHIN WEDLOCK AND
ILLEGITIMATE CHILDREN INTO CHILDREN BORN OUT OF
WEEDLOCK, AND FOR OTHER PURPOSES.

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 Republic Act No.
389, 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, for instance, the
illegitimate child is only entitled to one one-half of the inheritance of a
legitimate child. This bill seeks to address such inequality before the law,
ensuring that all their rights are equally protected.

Further, it provides for the rights of children conceived through
traditional or gestational altruistic surrogacy, an area that is not clearly
regulated and this bill seeks to remedy that lack of clarity.


Asa 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 their
welfare and future.

Hence, approval of this bill is earnestly sought.

ez

PANTALEON D. A}WAREZ


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

EIGHTEENTH CONGRESS
Second Regular Session

HOUSE BILL NO. uy

Introduced by
REPRESENTATIVE PANTALEON D. ALVAREZ

AN ACT
AMENDING EXECUTIVE ORDER NO. 209, S. 1987, AS AMENDED,
OTHERWISE KNOWN AS THE FAMILY CODE OF THE
PHILIPPINES, INSOFAR AS RECLASSIFYING LEGITIMATE
CHILDREN INTO CHILDREN BORN WITHIN WEDLOCK AND
ILLEGITIMATE CHILDREN INTO CHILDREN BORN OUT OF
WEEDLOCK, AND FOR OTHER PURPOSES.

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”.

SEC. 2. Art. 50 is hereby amended to read as follows -
“ Art. 50. The effects provided for by paragraphs (2), (3), (4)
and (5) of Article 43 and by Article 44 shall also apply in the

proper cases to marriages which are declared void ab initio or
annulled by final judgment under Articles 40 and 45.

Page 1 of 8


The final judgment in such cases shall provide for the
liquidation, partition and distribution of the properties of the
spouses, the custody and support of the common children,
[and_the_delivery_of their_presumptivetegitimes], unless
such matters had been adjudicated in previous judicial
proceedings.

All creditors of the spouses as well as of the absolute
community or the conjugal partnership shall be notified of the
proceedings for liquidation.

In the partition, the conjugal dwelling and the lot on which it
is situated, shall be adjudicated in accordance with the
provisions of Articles 102 and 129.”

SEC. 3. Art. 51 is hereby amended to read as follows -

Art. 51. In said partition, the value of the [presumptive]
legitimes of all [commen] children, [

+ } + |] WHETHER BORN
WITHIN OR OUT OF WEDLOCK, shall be [delivered-in

fiiiaad dareunien speed tai alten
i 3] EQUAL WHICH WILL BE

provided for such matters]
TAKEN FROM THE RESPECTIVE ESTATES OF THEIR
PARENTS.

[Fhe-child hei i 1 £ thei
property_may-ask for the enforcement ef the judgment]
| Phe deliver: of —the—_presumptive tlegitimes herein:
prescribed—shall—in—ne—way— prejudice the—ultimate
successional rights of the children accruing upon the death

ef_either_et_heth—ef_the_parents; but the value of the
Perak isda Hadereho'd f ‘i
esl lity shalt iaeied 4 res
legitime:]
THE LEGITIMES OF THE CHILDREN RECEIVED FROM
THE RESPECTIVE ESTATES OF THEIR PARENTS SHALL
IN NO WAY PREJUDICE THE ULTIMATE

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SUCCESSIONAL RIGHTS OF THE CHILDREN
ACCRUING UPON THE DEATH OF EITHER OR BOTH
OF THE PARENTS.

SEC. 4. Art. 52 is hereby amended to read as follows -

Art. 52. The judgment of annulment or of absolute nullity of
the marriage[,] AND the partition and distribution of the
properties of the spouses [and-the-delivery-of the-children's
presumptive tlegitimes] shall be recorded in the appropriate

civil registry and registries of property; otherwise, the same
shall not affect third persons. (n)

SEC. 5. Art. 102 is hereby amended to read as follows -

“Art. 102. Upon dissolution of the absolute community
regime, the following procedure shall apply:

(1) An inventory shall be prepared, listing separately all the
properties of the absolute community and the exclusive
properties of each spouse.

(2) The debts and obligations of the absolute community shall
be paid out of its assets. In case of insufficiency of said assets,
the spouses shall be solidarily liable for the unpaid balance
with their separate properties in accordance with the
provisions of the second paragraph of Article 94.

(3) Whatever remains of the exclusive properties of the
spouses shall thereafter be delivered to each of them.

(4) The net remainder of the properties of the absolute
community shall constitute its net assets, which shall be
divided equally between husband and wife, unless a different
proportion or division was agreed upon in the marriage
settlements, or unless there has been a voluntary waiver of
such share provided in this Code. For purpose of computing,
the net profits subject to forfeiture in accordance with Articles
43, No. (2) and 63, No. (2), the said profits shall be the increase
in value between the market value of the community property

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at the time of the celebration of the marriage and the market
value at the time of its dissolution.

Oe ee rete ea ae Npeeeieaes ee ; OR
514

£(6}} (5) Unless otherwise agreed upon by the parties, in the
partition of the properties, the conjugal dwelling and the lot
on which it is situated shall be adjudicated to the spouse with
whom the majority of the common children choose to remain.
Children below the age of seven years are deemed to have
chosen the mother, unless the court has decided otherwise. In
case there in no such majority, the court shall decide, taking
into consideration the best interests of said children. (n)”

SEC. 6. Art. 129 is hereby amended to read as follows -

“Art. 129. Upon the dissolution of the conjugal partnership
regime, the following procedure shall apply:

(1) An inventory shall be prepared, listing separately all the
properties of the conjugal partnership and the exclusive
properties of each spouse.

(2) Amounts advanced by the conjugal partnership in
payment of personal debts and obligations of either spouse
shall be credited to the conjugal partnership as an asset
thereof.

(3) Each spouse shall be reimbursed for the use of his or her
exclusive funds in the acquisition of property or for the value
of his or her exclusive property, the ownership of which has
been vested by law in the conjugal partnership.

(4) The debts and obligations of the conjugal partnership shall
be paid out of the conjugal assets. In case of insufficiency of
said assets, the spouses shall be solidarily liable for the unpaid
balance with their separate properties, in accordance with the
provisions of paragraph (2) of Article 121.

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(5) Whatever remains of the exclusive properties of the
spouses shall thereafter be delivered to each of them.

(6) Unless the owner had been indemnified from whatever
source, the loss or deterioration of movables used for the
benefit of the family, belonging to either spouse, even due to
fortuitous event, shall be paid to said spouse from the
conjugal funds, if any.

(7) The net remainder of the conjugal partnership properties
shall constitute the profits, which shall be divided equally
between husband and wife, unless a different proportion or
division was agreed upon in the marriage settlements or
unless there has been a voluntary waiver or forfeiture of such
share as provided in this Code.

{8)-E fananerre eu hild
hall_-be-deli 4 1 hear Fi ith
Article 54}

{(9}} (8) In the partition of the properties, the conjugal
dwelling and the lot on which it is situated shall, unless
otherwise agreed upon by the parties, be adjudicated to the
spouse with whom the majority of the common children
choose to remain. Children below the age of seven years are
deemed to have chosen the mother, unless the court has
decided otherwise. In case there is no such majority, the court
shall decide, taking into consideration the best interests of
said children. (181a, 182a, 183a, 184a, 185a)

SEC. 7. Art. 176 is hereby amended to read as follows -

"Article 176. [Hegitimate-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, [iHegitimate
children] 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

Page 5 of 8


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 [iHegitimate-child] CHILD
BORN OUT OF WEDLOCK shall [eensist of one-half of] BE

EQUAL TO the legitime of a [legitimate-child] 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.”

SEC. 8. Art. 164 is hereby amended to read as follows -

“ Article 164. Children conceived or born during the marriage
of the parents are children born within wedlock.

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.

ARTICLE 164-A. CHILDREN CONCEIVED THROUGH
ALTRUISTIC SURROGACY, WHETHER TRADITIONAL
OR GESTATIONAL, SHALL BE DEEMED CHILDREN
BORN WITHIN WEDLOCK OF THE COMMISSIONING
PARENTS, PROVIDED THAT THEY AND THE
SURROGATE MOTHER VOLUNTARILY EXECUTE AND
SIGN A WRITTEN AGREEMENT EITHER
AUTHORIZING OR RATIFYING THE SAME BEFORE

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THE BIRTH OF THE CHILD. THE INSTRUMENT SHALL
BE ATTACHED TO THE BIRTH CERTIFICATE AND
RECORDED IN THE CIVIL REGISTRY.
NOTWITHSTANDING ISSUANCE OF ANY JUDICIAL
DECLARATION, NULLIFYING OR DECLARING AS
VOID SAID WRITTEN AGREEMENT, THE STATUS OF
THE CHILD AS A CHILD BORN WITHIN WEDLOCK
REMAINS FOR ALL INTENTS AND PURPOSES THAT
ARE BENEFICIAL TO HIM OR HER. IN THE ABSENCE
OF SAID WRITTEN AGREEMENT, THE IMMEDIATELY
PRECEDING PARAGRAPH SHALL APPLY.

FOR PURPOSES OF THIS PROVISION, TRADITIONAL
SURROGACY MEANS THE SURROGATE IS PREGNANT
WITH HER OWN BIOLOGICAL CHILD, WITH THE
INTENTION OF RELINQUISHING THE CHILD TO BE
RAISED BY THE BIOLOGICAL FATHER AND HIS
SPOUSE.

GESTATIONAL SURROGACY MEANWHILE MEANS
THE SURROGATE BECOMES PREGNANT VIA EMBRYO
TRANSFER WITH A CHILD OF WHICH SHE IS NOT A
BIOLOGICAL MOTHER.

IF THE COMMISSIONING PARENTS ARE FOREIGN
CITIZENS, THEY SHALL BE REQUIRED TO ADOPT THE
CHILD AND COMPLY WITH THE PROVISIONS OF R.A.
8043 AND ONLY AFTER THE REQUIREMENTS HAVE
BEEN MET SHALL THE CHILD BE CONSIDERED A
CHILD BORN WITHIN WEDLOCK."

SEC. 9. Separability Clause. If any part of provision of this Act be
considered as invalid or unconstitutional, the remaining parts not
affected shall remain valid and in full effect.

SEC. 10. 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.

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SEC. 11. Effectivity. This Act shall take effect fifteen (15) days after
its publication in the Official Gazette or in a newspaper of general
circulation.

Approved,

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