Release Date:
Who are legitimate children? Children born after one hundred and eighty days following the celebration of the marriage, and before three hundred days following its dissolution or the separation of the spouses shall be presumed to be legitimate. (Art. 225, Civil of the Philippines). Children conceived or born during the marriage of the parents are legitimate. Children conceived as a result of artificial insemination of the wife with the sperm of the husband or that of a donor are likewise legitimate children of the husband and his 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. (Art. 164, Family Code of the Philippines). |
Is the child considered legitimate although the mother may have declared against its legitimacy? The child shall be considered legitimate although the mother may have declared against its legitimacy or may have been sentenced as an adulteress. (Art. 167, Family Code of the Philippines) |
What are the rights of legitimate children? Legitimate children shall have the right :
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Does the practice of some Filipino Muslim of using the first name of the father as the family name of the children violate the provisions on the use of surnames? Legitimate child have the right to bear the surname of the father and of the mother. (Art. 62(a) of P.D. 1083 (Code of Muslim Personal Law of the Philippines). The provisions of the law governing use of surnames were formulated in order to avoid confusion in the use of surnames, and to settle doubts on their proper use (Report of Code Commission, p51, cited in Tolentino, supra, p.721), we are unable to find any provision in the Muslim Code or the Civil Code which would authorize the use of the name as the family name of surname of the children of Muslim parents, for purposes of registration, especially in accomplishing the Certificate of Live Birth (Mun. Form No.102). Accordingly, unless the law is amended to reflect the alleged tradition or practice, the children should bear the family or surname of their father for registration purposes. (Opinion No. 112, Series of 1985, from the Minister of Justice Estelto P. Mendoza) |
Who are illegitimate children? Children conceived and born out a valid marriage are illegitimate, unless otherwise provided in the Family Code (Art. 165, F.C.) |
Who are considered illegitimate children? The following are illegitimate children :
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What is the rule on the registration of births of illegitimate children who were born prior to August 3, 1988? Illegitimate children as defined under the Civil Code of the Philippines who were born prior to August 3, 1988 and whose births were not previously registered shall be registered under the following rules in addition to those provided for delayed registration of births;
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May an illegitimate child born on or after August 3, 1988 carry the surname of the father if the father executed an affidavit of admission of paternity? Illegitimate children born on or after August 3, 1988 shall use the surname of the mother. (Section 1 OCRG Circular No.4 dated October 11, 1988). The father of an illegitimate child who wishes to have his name indicated in item 13 of the Certificate of Live Birth shall execute an affidavit of Admission of Paternity in lieu of the affidavit of acknowledgement. The purpose of affidavit of admission of paternity is for the support and succession only, and it does not entitle the illegitimate child to use the surname of his father. (Section 2 OCRG Circular No. 4 dated October 11, 1988) |
What is the rule on the registration of births illegitimate children who were born on August 3, 1988 and thereafter? The following rules shall govern the registration of illegitimate children who were born on August 3, 1988 and thereafter:
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What consist the full name of an individual? The full name of an individual consists of a first or given name, a middle name which is the mother's maiden surname and the last name which is generally the father's surname. Entries of names in the birth certificate should, as much as possible and legally permissible, follow the above convention. (I.M. p 14) |
Is it permissible to leave the first name of the child blank in case the parents cannot decide on the name yet? If until registration the parents are not decided on the first name for the child, write only the middle and last name but never write "Baby Boy or Baby Girl". Entries such as "Jr." of "II" affixed to an individual's first name to distinguish him from an ascendant of the same name are acceptable as added identification. (I.M. p. 14-15). What are the rules in making the entry of the last name of a child? |
What is the rule in the registration of the place of birth? |
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Is it important to indicate the date and place of the marriage of the parents in the certificate of live birth? It is extremely important that this item (Item 18) is not left blank, otherwise, the legitimacy of the child will be questioned. If the parents have forgotten the exact date of their marriage, enter the approximate year. If they cannot approximate the year, enter "forgotten". Enter "Not Applicable" if the child has unknown father or mother. Enter "Unknown", "Don't Know" or "D.K." if the informant could not supply the information. Enter "Not Married" if the parents of the child are not legally married on or before the birth of the child and their names appeared in Item 6 and Item 13. (I.M. p. 24-25) |
What is the implication if Item 22 (Received at the Office of the Civil Registrar) is not signed by the receiver? The signature affixed in this item indicates that the certificate was filed and accepted by the civil registrar. The date indicates whether the birth certificate was filed within the reglamentary period. The absence of the necessary signature in Item 22 can be a basis for questioning the validity of the certificate. (I.M. p.27) What is meant by an “Out-of-town Reporting of Birth”? |
An out-of-town reporting of birth occurs when the Certificate of Live Birth is presented to the civil registrar of a city or municipality which is not the place of birth, not for registration but to be forwarded to the civil registrar of the city or municipality where the birth occurred and where it should be registered. The duty of accepting Certificate of Live Birth for out-of-town reporting by the concerned civil registrar may also be performed by the Civil Registrar-General of by his authorized representatives who are the Regional Administrators and Provincial Statistics Officers of the Philippine Statistics Authority. (Rule 20, A.O. No. 1 s 1993). What are the requirements to be complied with by the concerned parties in the out-of-town reporting of birth? |
What is the legitimation and who can be legitimated? |
a) Certificate of Marriage; b) Certificate of Live Birth of the child; c) Acknowledgement (not required for illegitimate children born on or after 3 August 1988); d) Affidavit of legitimation executed by both parents which shall contain the following facts: (1) the names of the parents; (2) that at the time when child was conceived, the aforesaid parents could have contracted marriage, and that they subsequently contracted marriage, (3) the date and place when such marriage was solemnized; (4) the name of the officer who officiated the marriage; (5) the city or municipality where such marriage was recorded; (6) the name of the child to be legitimated, and the other facts of birth; (7) the date and place where the birth of the child was registered; and (8) the manner by which the child was acknowledged by the parents which may be in the child’s record of birth, in a will, a statement before a court of record, or in any authentic writing (not required for illegitimate children born on or after 3 August 1988).
The original family name of the child as appearing in Registrar of Births shall not be erased or deleted, but in the remarks space shall be written "Legitimated by Subsequent Marriage" indicating the family name which the child shall bear by virtue of the legitimation also giving reference to the entry number in the Registrar of Legal Instruments. When the interested party requests a copy of the birth certificate of a legitimated child a certified copy of the certificate of Live Birth bearing the annotation "Legitimated by Subsequent Marriage on ________ (date of marriage) at __________ (place of marriage)" or a certified transcription using standard form from the Register of Births bearing the effects of legitimation and the same annotation indicated in the certified true copy shall be issued. (Rule 66, A.O. No. 1 S. 1993) |
How does legitimation take place? Legitimation shall take place by a subsequent valid marriage between parents. The annulment of a voidable marriage shall not affect the legitimation (Art. 178, Family Code of the Philippines). |