Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

FIFTEENTH CONGRESS
First Regular Session

1385

House Bill No.,

Introduced by GABRIELA Women's Party Representatives
EMERENCIANA A. DE JESUS and LUZVIMINDA C. ILAGAN

EXPLANATORY NOTE

Article 177 of the Family Code (Executive Order No. 209, as amended) provides that
only children conceived and born outside of wedlock of parents who, at the time of the
conception of the form, were not disqualified 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 at the time of his/her conception, his/her parents were fied by
any impediment to marry each other. The child may therefore carry an illegitimate status all
his/her life.

‘This situation is unjust to the child,

For example, a child born to a couple, one or both of whom is/are below cighteen
years of age, will never have the opportunity to be legitimated under Articles 177-182 of the
Family Code.

If the parents who were earlier disqualified to marry cach 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.

No less than the UN Committee on the Rights of the Child has commented on this legislated
mination against children born out of wedlock. In its concluding observations on the 3"
and 4" periodic report of the Government of the Republic of the Philippines issued 2 October
2009, the Committee stated:

While noting a number of legislative initiatives in the State party, the
Committee remains concerned at the lack of legislation with regard to the


prohibition of corporal punishment, the prohibition of torture and the
status of children born out of wedlock.

The Committee further recommended “that the State party enact legislation to address the
status of children born out of wedlock.”

This bill seeks to address such a situation.

Immediate passage of this bill is earnestly requested.

Mad

WwW C
EMERENCIANA A. DE JESUS . ay



Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

FIFTEENTH CONG)
First Regular Session

1385

House Bill No.

Introduced by GABRIELA Women's Party Representatives
EMERENCIANA A. DE S and LUZVIMINDA C. ILAGAN

209, OTHERWISE,
VE ORDER 227

ITIVE AC
BY EN!

AN ACT AME!
KNOWN AS THE FAMILY CODE, AS AM!

DING ARTICLE 177 OF EXECU
H

nate and House of Representatives of the Philippines in Congress

Be it enacted by the
assembled.

SECTION 1. Article 177 of the Republic Act No. 209, otherwise known as the Family Code,
is hereby amended as follows

Article 177. Qnty Children conceived and born outside of wedlock of parents
t the-eemeeption-oF tte formerwere tet disgialified-by
impedimentio-marry-each- other may be legitimated.

nn of this Act is declared unconstitutional, the
y of the other portions thereof.

SECTION 2. Separability Clause. -If any por
same shall not affect the validity and effecti

SECTION 3. Repeating Clause. -All laws, decrees, executive orders, presidential
proclamations. rules and regulations or parts thereof contrary to or inconsistent with the
provisions of this Act are hereby repealed or modified accordingly.

SECTION 4. Effectivity Clause. -This Act shall take effet fifteen (15)
publication in the Official Gazette or in at least wo (2) newspapers of general circulation,

Approved: