HOUSE OF REPRESENTATIVES
Quezon City, Metro Manila

Nineteenth Congress
First Regular Session

“HOUSE BILL, no.744 0

Introduced by Representative MARY MITZI CAJAYON-UY

AN ACT
RECLASSIFYING LEGITIMATE CHILDREN INTO MARITAL CHILDREN AND
ILLEGITIMATE CHILDREN INTO NON-MARITAL CHILDREN, HEREBY AMENDING
THE PERTINENT PROVISIONS OF THE CIVIL CODE OF THE PHILIPPINES, THE
FAMILY CODE OF THE PHILIPPINES, AND OTHER PERTINENT LAWS PERTAINING
TO THE DISTINCTION BETWEEN MARITAL AND NON-MARITAL CHILDREN
FORMERLY KNOWN AS LEGITIMATE AND ILLEGITIMATE CHILDREN

EXPLANATORY NOTE

This bill seeks to do away with the terms “legitimate” and “illegitimate” children such as in the case of
Gocolay vs. Gocolay', which used the terms “marital” and “non-marital” when referring to children.
The Supreme Court reasoned out that the former are pejorative terms when used to describe children
based on their parents” marital status. The word “illegitimate” is a negative and derogatory connotation
because these children did not choose to be in such situation.

‘The best interest of every child shall be considered regardless of the circumstances of his or her birth.
Its the very obligation of the State to nurture and protect all children without distinction,

Although our legislation has not yet gone too far to place marital and non-marital children in equal
footing, it should be noted that our Constitution, laws, and treaty obligations, when taken together,
encapsulate protection of Filipino children without any qualifications.” Abolishing discriminatory terms
when referring to children should be reexamined and thus promote the dignity of every person in our
choice of words and language.

In view of the foregoing, early passage of the bill i

urgently sought.

MARY MITZI “MITCH” C4JAYON-UY
2" District, Caloocan City

GR No 220606, January 11,2021
* Aquino vs Aquino, G.R- Nos. 208912 and 209018, December 7, 2021,


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City, Metro Manila

Nineteenth Congress
First Regular Session

*aouse pio. 7440

Introduced by Representative MARY MITZI CAJAYON-UY

AN ACT
RECLASSIFYING LEGITIMATE CHILDREN INTO MARITAL CHILDREN AND
ILLEGITIMATE CHILDREN INTO NON-MARITAL CHILDREN, HEREBY AMENDING
THE PERTINENT PROVISIONS OF THE CIVIL CODE OF THE PHILIPPINES, THE
FAMILY CODE OF THE PHILIPPINES, AND OTHER PERTINENT LAWS PERTAINING
TO THE DISTINCTION BETWEEN MARITAL AND NON-MARITAL CHILDREN
FORMERLY KNOWN AS LEGITIMATE AND ILLEGITIMATE CHILDREN

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 conceived or born during the marriage of the
Parents as legitimate children are hereby amended to classify them as “marital children”. Similarly, all
provisions classifying children conceived and born outside a valid marriage as illegitimate children are

hereby amended to classify them as “non-marital children”,

SECTION 2. The provisions of this law shall have retroactive application.

SECTION 3. This Act shall take effect fifteen (15) days after its publication in the Official
Gazette or in a newspaper of general circulation.

Approved,