VNA:rgs:emr 
Republic of the Philippines 
HOUSE OF REPRESENTATIVES 
Constitution Hills, Quezon City 
NINETEENTH CONGRESS 
First Regular Session 
HOUSE BILL NO.   _______ 
Introduced by  
REPRESENTATIVE PANTALEO N D. ALVAREZ 
AN ACT 
PROVIDING 
ADDITIONAL 
LEGAL 
PROTECTIONS 
FOR 
CHILDREN THROUGH THE AMENDMENT OF ARTICLES 164 AND 
176 OF EXECUTIVE ORDER NO. 209, S.1987, OTHERWISE KNOWN 
AS THE FAMILY CODE OF THE PHILIPPINES, AND RELATED 
PROVISIONS IN REPUBLIC ACT NO. 389, OTHERWISE KNOWN AS 
THE NEW CIVIL CODE OF THE PHILIPPINES, AS AMENDED, AND 
SUCH OTHER RELATED LAWS, BY REMOVING THE UNFAIR 
CLASSIFICATION 
OF 
CHILDREN 
AS 
LEGITIMATE 
OR 
ILLEGITIMATE, PROVIDING EQUAL LEGITIMES FOR CHILDREN 
BORN WITHIN OR OUTSIDE OF WEDLOCK, AND ESTABLISHING 
THE LEGAL FRAMEWORK FOR SURROGACY HERE IN THE 
PHILIPPINES 
EXPLANATORY NOTE: 
As a 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. 
Thus, 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 Executive Order 
No. 209, s. 1987, as amended, Republic Act No. 389, as amended, and such 
other related laws, decrees, orders, issuances, rules and regulations.  
January 16, 2023
3:03 pm
6781


Under our present legal system, 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, technological advances created a legal conundrum still not 
addressed by Philippines laws insofar as the status of children born 
through surrogacy, a method which presently has no governing legal 
framework that clearly establishes the status of the child, including his or 
her rights, in relation to the biological or surrogate parent/s. 
 
 
Hence, approval of this proposed law is earnestly sought.  
 
 
 
 
PANTALEON D. ALVAREZ 
 


Page 1 of 3 
Republic of the Philippines 
HOUSE OF REPRESENTATIVES 
Constitution Hills, Quezon City 
NINETEENTH CONGRESS 
First Regular Session 
HOUSE BILL NO.   _______ 
Introduced by  
REPRESENTATIVE PANTALEON D. ALVAREZ 
AN ACT 
PROVIDING 
ADDITIONAL 
LEGAL 
PROTECTIONS 
FOR 
CHILDREN THROUGH THE AMENDMENT OF ARTICLES 164 AND 
176 OF EXECUTIVE ORDER NO. 209, S. 1987, OTHERWISE KNOWN 
AS THE FAMILY CODE OF THE PHILIPPINES, AND RELATED 
PROVISIONS IN REPUBLIC ACT NO. 389, OTHERWISE KNOWN AS 
THE NEW CIVIL CODE OF THE PHILIPPINES, AS AMENDED, AND 
SUCH OTHER RELATED LAWS, BY REMOVING THE UNFAIR 
CLASSIFICATION 
OF 
CHILDREN 
AS 
LEGITIMATE 
OR 
ILLEGITIMATE, PROVIDING EQUAL LEGITIMES FOR CHILDREN 
BORN WITHIN OR OUTSIDE OF WEDLOCK, AND ESTABLISHING 
THE LEGAL FRAMEWORK FOR SURROGACY HERE IN THE 
PHILIPPINES.  
Be it enacted by the Senate and House of Representatives of the Philippines in 
Congress assembled: 
SECTION 1. Article 164 of the Family Code of the Philippines is 
hereby amended to read as follows -  
“Article 164. Children conceived and born during the 
marriage of the parents are [legitimate] CHILDREN BORN 
WITHIN WEDLOCK. 
Children conceived as a result of artificial insemination of the 
wife with the sperm of the husband or that of a donor or both 
are likewise [legitimate children] CHILDREN BORN 
WITHIN WEDLOCK of the husband and his wife, provided, 
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Page 2 of 3 
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. (55a, 
258a) 
 
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 
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 


 
Page 3 of 3 
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." 
 
SECTION 2. Article 176 of the Family Code of the Philippines is 
hereby amended to read as follows: 
 
Art. 176. CHILDREN BORN OUTSIDE OF WEDLOCK 
[Illegitimate children] 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. The legitime 
of each CHILDREN BORN WITHIN OR OUTSIDE OF 
WEDLOCK SHALL BE EQUAL. [illegitimate child shall 
consist of one-half of the legitime of a legitimate child.] Except 
for this modification, all other provisions in the Civil Code 
governing successional rights shall remain in force. (287a) 
 
SECTION 3. Separability Clause. If any part of provision of this Act 
be considered as unconstitutional, the remaining parts not affected shall 
remain valid and in full effect.  
 
SECTION 4. Repealing Clause. Executive Order No. 209, s.1987, 
otherwise known as the Family Code of the Philippines, related provisions 
as found in Republic Act No. 389, otherwise known as the New Civil Code 
of the Philippines, as amended, and all such other related laws, decrees, 
orders, issuances, rules and regulations or parts thereof inconsistent with 
the provisions of this Act are hereby repealed or modified accordingly. 
 
SECTION 5. Effectivity. This Act shall take effect fifteen (15) days 
after its publication in the Official Gazette or in a newspaper of general 
circulation. 
 
Approved,