This article explains how a child’s status (legitimate or illegitimate) is affected by the annulment or nullity of a marriage in the Philippines, and how that status shapes succession (inheritance), surnames, support, custody, and civil registry matters. It reflects the Family Code, Civil Code rules on succession, and key implementing regulations in force as of mid-2024.

1) First principles: legitimacy, annulment, and nullity

A. Legitimacy by presumption

A child conceived or born during a valid marriage is legitimate. Philippine law strongly presumes the husband is the father; only the husband (or his heirs in limited cases) may timely impugn paternity on specific grounds and within strict periods.
A child conceived outside marriage is illegitimate, unless later legitimated (see §6) or covered by the special legitimacy rule in §1-B below.

B. What if the marriage is later annulled or declared void?

Critical rule: Children conceived or born before the judgment of annulment or of absolute nullity becomes final are considered legitimate, even if the marriage is ultimately annulled or declared void.
- This protects children from retroactive effects of an annulment (voidable marriage) or a declaration of nullity (void marriage).
- “Before finality” means before the court decision has become final and executory.
Children born after finality of the judgment do not benefit from this legitimacy rule (their status will be determined under ordinary rules—usually illegitimate unless the parents later contract a valid marriage and legitimation applies).

C. Annulment vs. declaration of nullity (quick contrast)

Annulment addresses voidable marriages (e.g., lack of parental consent for one party aged 18–21 at the time of marriage; vitiated consent; certain physical incapacity). The marriage is treated as valid until annulled by final judgment.
Declaration of absolute nullity addresses void marriages (e.g., bigamy; psychological incapacity; absence of a formal essential requisite; incestuous or void by public policy). The marriage is void from the beginning, but children conceived or born before finality are still deemed legitimate under the special rule above.

2) How legitimacy is (and isn’t) changed by annulment/nullity

Annulment/nullity does not, by itself, turn previously legitimate children into illegitimate children.
The only ways to defeat legitimacy are the husband’s timely action to impugn paternity on legally enumerated grounds (e.g., physical impossibility of access within the legally presumed conception period), or a successful action showing the child is not of the husband under procedural and evidentiary rules (including, today, the courts’ acceptance of DNA evidence following the Rules on DNA Evidence).
A spouse’s bad faith in a void marriage affects property relations and spousal benefits, not the legitimacy of children covered by the special rule above.

3) Practical civil-status consequences

A. Birth records and civil registry

A legitimate child’s status and filiation should appear on the Certificate of Live Birth (COLB).
After an annulment/nullity decree:
- Ensure the decree and partition/settlement instruments are recorded in the civil registry and relevant registries of property as required by the Family Code (the judgment should also settle custody, support, and property relations).
- Do not “correct” a legitimate child’s status merely because the parents’ marriage was later invalidated; the law protects the child’s legitimacy.

B. Surnames

Legitimate children ordinarily bear the father’s surname.
Illegitimate children ordinarily bear the mother’s surname, but under R.A. 9255 and its IRR, an illegitimate child may use the father’s surname if the father expressly acknowledges filiation (via the COLB, a notarized admission, or a court judgment) and the administrative requirements are met.
Annulment or nullity of the parents’ marriage does not compel a change of a previously legitimate child’s surname.

C. Parental authority and support

Parental authority over legitimate children is joint. Courts may allocate custody in the decree, guided by the child’s best interests.
Support (child support) is independent of marital status; both parents remain obligated to support the child in proportion to resources and needs.

4) Inheritance 101: how status affects legitimes

Under the Civil Code, compulsory heirs include:

Legitimate children and descendants
Surviving spouse
Illegitimate children
(In default of legitimate descendants) legitimate parents/ascendants

Key baselines:

Legitimate children/descendants collectively have a legitime = 1/2 of the estate, divided equally among them.
Illegitimate children each have a legitime equal to one-half of a legitimate child’s share.
The surviving spouse’s legitime varies by concurrence:
- With legitimate children/descendants: equal to the legitime of one legitimate child.
- With illegitimate children only: typically 1/3 of the estate (while each illegitimate child gets half of what a legitimate child would get if there were legitimate children; courts apply the statutory formulae).
- With no descendants or ascendants: 1/2 of the estate.
Illegitimate children cannot inherit ab intestato from the legitimate relatives of their parents (and vice versa) due to the “iron curtain” rule (Art. 992, Civil Code). They do inherit from their parents and from the parents’ illegitimate relatives, but not from the parents’ legitimate kin. (There is continuing debate over reform, but as of mid-2024 Article 992 remains operative.)

Why status matters after annulment/nullity: If a child remains legitimate (because conceived/born before finality of the decree), they fall under rule #1, with the stronger compulsory share and no Art. 992 barrier vis-à-vis the legitimate line. If a child is illegitimate, they fall under rule #2, and Art. 992 restricts intestate succession to the parent’s legitimate family.

5) Worked inheritance examples

Assume the decedent leaves a net estate of ₱12,000,000.

Example A: One legitimate child (covered by the “before finality” rule) + surviving spouse

Legitimate child legitime: 1/2 of estate = ₱6,000,000
Spouse legitime (equal to one legitimate child’s legitime): ₱6,000,000
Free portion: 0 (already fully allocated by the two legitimes; in practice the free portion is absorbed when the spouse’s legitime equals one child’s share)

Example B: Two legitimate children + surviving spouse

Children’s collective legitime: 1/2 = ₱6,000,000, split ₱3,000,000 each
Spouse legitime: equal to one legitimate child’s legitime = ₱3,000,000
Free portion: ₱3,000,000 (testator may dispose by will, subject to inofficiousness rules)

Example C: Two illegitimate children (child was born after finality, or parents never married) + surviving spouse

Baseline: each illegitimate child’s legitime = ½ of what a legitimate child would get if there were legitimate children.
A common approach yields:
- Spouse legitime: ₱4,000,000 (≈ 1/3)
- Illegitimate children legitimes (together): ₱4,000,000 (split ₱2,000,000 each)
- Free portion: ₱4,000,000

These are simplified illustrations. Actual computations can shift with pre-existing donations, mixed heirs (e.g., ascendants), and collation/reduction rules.

6) Legitimation by subsequent marriage (special note)

Legitimation converts an illegitimate child into a legitimate child by the parents’ subsequent valid marriage, provided the parents could have married each other at the time of conception (i.e., no legal impediment then).
If the subsequent marriage itself is valid and not later declared void, legitimation works retroactively to the time of birth.
If the “subsequent marriage” is later annulled or declared void, analyze carefully:
- Annulment (voidable): the marriage was valid until annulled; legitimation effected prior to finality should generally stand for the covered period.
- Void from the beginning: there was no valid marriage to effect legitimation; the child’s status reverts to the ordinary rules unless another legal basis exists.

7) Custody, visitation, and support after annulment/nullity

Custody is determined by best interests of the child. Courts often provide detailed parenting plans/visitation schedules in the decree.
Support continues regardless of the parents’ marital status or good/bad faith; it covers sustenance, dwelling, clothing, education (including schooling to a profession), transportation, medical, and related needs, proportionate to resources and necessities.

8) Property relations intertwined with child rights

The judgment in annulment/nullity cases should settle property relations and custody/support; it must be recorded to bind third persons.
Presumptive legitimes for children may be set aside when spouses separate in fact or property is liquidated; these are advances on children’s compulsory shares and must be delivered/secured as the law requires.

9) Evidence and procedure tips (filiation & paternity)

Filiation may be established by record of birth (with the father’s acknowledgment), a notarized admission of paternity, public documents, judicial admissions, or other means allowed by the Rules of Court.
DNA evidence is admissible (subject to the Rules on DNA Evidence) and can be decisive in paternity disputes, but does not by itself override the presumption of legitimacy unless presented in a proper action by a party with standing, within the prescriptive periods set by law.

10) Frequently encountered scenarios

Marriage declared void (psychological incapacity).
- Child born two years before the decree became final → legitimate.
- In intestacy, that child claims as legitimate descendant with the stronger legitime; Art. 992 does not block inheritance from the legitimate grandparents.
Annulment for lack of parental consent (voidable marriage).
- Child born during the marriage, decree became final later → legitimate; surname and filiation remain.
Child born after finality of the nullity decree.
- If the parents have not validly married each other afterward → illegitimate (subject to possible acknowledgment and the surname options under R.A. 9255).
- In intestacy, Art. 992 limits inheritance vis-à-vis the parents’ legitimate kin.
Husband suspects non-paternity.
- He must file the proper action to impugn paternity within the strict legal periods and on specific statutory grounds; otherwise the presumption of legitimacy stands.

11) Takeaways

Golden rule: If a child was conceived or born before the final and executory judgment annulling or declaring void the parents’ marriage, the child is legitimate.
Legitimacy drives inheritance: legitimate children enjoy stronger legitimes and no Art. 992 barrier; illegitimate children have reduced legitimes and are barred from inheriting ab intestato from the legitimate relatives of a parent.
Annulment/nullity changes adult relationships; it does not casually erase a child’s legitimacy.
Always align post-decree steps—custody/support orders, recording of the judgment, delivery of presumptive legitimes, and any civil registry updates—with statutory requirements.

Disclaimer

This is general legal information, not legal advice. Specific facts (timelines, acknowledgments, prior donations, bad faith, existing wills, prior court orders) can materially change outcomes. For concrete cases, consult a Philippine family-law practitioner.