.. 
SIXTEENTH CONGRESS OF THE REPUBLIC ) 
OF THE I'HILIPI'INES 
) 
First Regular Session 
) 
SENATE 
S.B. No. 1262 
Introduced by Senator Maria Lourdes Nancy S. Binay 
EXPLANATORY NOTE 
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AUG -8 P 2 :59 
One of the consequences of marriages declared to be null and void under our laws is that the 
children born or conceived of such void marriage shall be considered illegitimate. 
Neveliheless the Family Code of the Philippines under Article 54 recognizes that 
notwithstanding the nullity of marriage, children born or conceived of marriages declared null 
and void because of the psychological incapacity of either one or both of contracting parties 
under Article 36 of the Family Code of the Philippines or for failure to comply with the 
requirements of Article 53 of the Family Code of the Philippines, shall be considered 
legitimate. 
The bill proposes to expand the coverage of the exception under Article 54 of the Family 
Code of the Philippines, and recognize the legitimacy of children born or conceived of 
marriages declared void on the following grounds: (a) either or both contracting parties were 
below eighteen years of age; (b) the solemnizing officer was not legally authorized to perform 
marriages; (c) marriages solemnized without a marriage license; and (d) those contracted 
through mistake of one contracting party as to the identity of the other. In the foregoing 
instances, the marriage is not declared void by reason of any violation of public policy (as in 
the case of incestuous marriages) or for violation of the law (as in the case of void bigamous 
or polygamous marriages). 
It is proposed that the legal effect of a declaration of nullity of marriage on the foregoing 
grounds should not have the effect of penalizing the children of such void marriages. The 
proposal is in accordance with the policy of the State that the welfare and the best interest of 
the child shall be the paramount consideration in all matters which concern them. 
In view of the foregoing, the passage of this bill is earnestly recommended. 
~. 
MARIA LO~Zcy 
S. BlNAY 
Senator 


..ienute
V
' 
SIXTEENTH CONGRESS OF THE REPUBLIC ) 
(Oll.;r of t~.,>m.t .. v 
OF THE PHILIPPINES 
) 
First Regular Session 
) 
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AUG -8 P 2 :59 
SENATE 
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S.B.No.~o_ 
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Introduced by Senator Maria Lourdes Nancy S. Binay 
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AN ACT IMPROVING THE STATUS OF CHILDREN BORN OR CONCEIVED OF 
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MARRIAGES DECLARED VOID FOR CERTAIN REASONS, AMENDING FOR THIS 
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PURPOSE ARTICLE 54 OF EXECUTIVE ORDER NO. 209, OTHERWISE KNOWN AS 
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THE FAMILY CODE OF THE PHILIPPINES, AND FOR OTHER PURPOSES 
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Be it enacted by the Senate and House of Representatives of the Philippines in Congress 
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assembled: 
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SECTION 1. Section 54 of Executive Order No. 209, otherwise known as the Family Code of 
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the Philippines, as amended, is hereby further amended to read as follows: 
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Art. 54. Children conceived or born before the judgment of annulment or absolute 
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nullity of the marriage under Article 36 has become final and executory shall be 
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considcred legitimate. Children conceived or born of VOID MARRIAGES UN IHm. 
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ARTICLE 35 (1), (2), (3), (5), AND (6) WITH RESPECT TO the subsequent 
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marriage under Article 53 shall likewise be legitimate. 
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SECTION 2. Retroactivity Clause. Section 1 of this Act shall be given retroactive effect 
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except in cases where vested rights are impaired. 
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SECTION 3. Separability Clause. If any portion ?r provision of this Act is declared void and 
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unconstitutional, the remaining portions or provisions hereof shall not be affected by sllch 
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declaration. 
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SECTION 4. Repealing Clause. All laws, decrees, orders, rules and regulations, other 
issuances, or parts thereof inconsistent with the provisions of this Act are hereby repealed or 
modified accordingly. 
SECTION 5. Effectivity Clause. This Act shall take effect fifteen (15) ?ays ~fter its 
publication in the Official Gazette or in at least two (2) newspapers of general cll'culatIOn. 
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Approved, 
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