LEGITIMACY OF A CHILD BORN DURING A SUBSISTING MARRIAGE WHEN THE FATHER’S NAME DOES NOT APPEAR ON THE BIRTH CERTIFICATE

Philippine Legal Framework and Jurisprudence

1. Why the topic matters

In the Philippines, legitimacy affects a child’s surname, citizenship, parental authority, right to support, and share in succession. Because the civil registry sometimes issues a Certificate of Live Birth (COLB) showing only the mother’s details—even though she is married—clients and frontline officials alike raise the question:

“If the father’s name is blank, is the child illegitimate?”

Under Philippine law, the answer is almost always no. Below is a comprehensive treatment of the issue as of 3 July 2025.

2. Core legal sources

Instrument	Key provisions	Effect on the issue
Family Code (E.O. 209, 1987)	Arts. 163-182 (Filiation); Arts. 164-169 (Presumption & proof of legitimacy); Arts. 170-171 (Impugning legitimacy)	Governs legitimacy, the 300-day rule, and who may contest it
Civil Code (1950)	Arts. 255-264 (superseded but echo principles on presumption)	Historical backdrop and still cited in case law
Civil Registry Law (Act No. 3753, 1930) & PSA rules	Mandates COLB registration within 30 days	Birth record is prima facie evidence of filiation
R.A. 9048 (2001) & R.A. 10172 (2012)	Administrative correction of clerical errors	Mechanism to add the father’s name without a court case if uncontroverted
R.A. 9255 (2004)	Allows an illegitimate child to use the father’s surname	Distinct; does not apply when child is legitimate
R.A. 9858 (2009)	Legitimation of children born to parents in a void marriage who subsequently marry	Not normally invoked when a valid marriage already exists
Rule 108, Rules of Court	Judicial proceedings to cancel/correct substantial civil-registry entries	Used when facts are contested or beyond R.A. 9048 scope
Constitution & CRC	Art. II §11 (dignity), Art. XV §3(2) (child’s rights); UN Convention on the Rights of the Child	Guide courts toward a child-protective interpretation

3. Presumption of legitimacy

Marriage = legitimacy (Art. 164, Family Code). A child conceived or born during a valid marriage is presumed legitimate—regardless of what the COLB says.
300-day “paternity of law” rule (Art. 168).
- Conceived by the wife 120 days after the husband left or 300 days after separation? Still presumed legitimate.
- Conceived before separation but born after 300 days? Likewise legitimate.
Only the husband, or in limited cases his heirs, may impugn legitimacy (Arts. 170-171). Time limits are strict (1 year from knowledge of birth or discovery of impotence/adultery, and always within 5 years).

Take-away: The presumption is so strong that a blank “Father” box on the COLB does not strip the child of legitimacy.

4. Proof of legitimate filiation

Under Art. 172, legitimacy is proved by:

A record of birth or an authentic writing signed by the father;
An admission of legitimate filiation in a public instrument or private handwritten document; or
Open and continuous possession of status (use of surname, treatment as legitimate).

Blank COLB scenario: The first mode is partially defective because the father’s name is missing, but modes 2 and 3 often remain. Courts also treat the Marriage Certificate plus the COLB as complementary—together, they corroborate the presumption.

5. Why a father’s name may be absent

Common cause	Legal approach
Clerical lapse by hospital or Local Civil Registry Office (LCRO)	Correct via administrative petition under R.A. 9048/10172 if the husband signs the affidavit of discrepancy
Husband abroad / unavailable at registration	Later add name by (a) 9048 petition backed by husband’s sworn acknowledgment, or (b) Rule 108 if contested
Marital rift – wife withholds details	Child remains legitimate; husband may later compel correction
Migration-related late registration where documentary proof is scarce	Rule 108 petition supported by secondary evidence (passport, school records, DNA)

6. Administrative vs. judicial correction

Mechanism	When sufficient	Key requirements	Processing time
R.A. 9048 / 10172	Clerical error, no opposition	Affidavit, PSA documents, proof of marriage, husband’s ID	≈ 3–4 months
Rule 108	Substantial change (e.g., legitimacy is disputed, paternity denied)	Verified petition, notice & publication, adversarial hearing	≈ 6–18 months

7. Effect on rights of the child

Surname (Art. 364, Civil Code).
- Legitimate child automatically bears the father’s surname; a blank COLB may be administratively rectified.
Parental authority (Art. 211, Family Code).
- Joint parental authority vests in both parents; absence of father’s name in the COLB does not diminish this.
Support (Art. 195, Family Code).
- Child may sue either parent. Courts impose support even if paternity is merely presumed.
Succession (Arts. 960-995, Civil Code).
- Legitimate child is a compulsory heir entitled to legitime. An omitted name in the COLB is a registrar’s problem, not a bar to succession.
Benefits & social legislation (GSIS, SSS, PhilHealth).
- Agencies recognize the Family Code presumption; they often require a Certificate of Marriage plus COLB to process claims.

8. Impugning legitimacy versus paternity testing

DNA testing is admissible (Rules on DNA Evidence, A.M. No. 06-11-5-SC).
However, a husband cannot force DNA testing simply to “clear doubts” after the petition periods lapse (Supreme Court rulings in Tijing v. Court of Appeals, G.R. No. 125901, 1997; Republic v. Court of Appeals, G.R. No. 153866, 2005).
A third party (e.g., alleged biological father) has no standing to attack the child’s legitimacy.

9. Leading jurisprudence

Case	G.R. No. / Date	Principle
Tijing v. CA	125901 • 15 Mar 1999	DNA admissible but does not override time-barred action to impugn legitimacy
Republic v. CA & Molina	108763 • 16 Feb 1994	Clarified burden and time limits to impugn legitimacy under Art. 166 (now 170)
Mendoza v. People	195395 • 13 Apr 2015	Birth record without father does not negate presumption; perjury case dismissed
Heirs of Malate v. Gamboa	170139 • 22 Apr 2009	Continuous possession of status suffices to establish filiation
Cabatingan v. PSA	230739 • 21 Apr 2021	Administrative correction allowed to supply father’s surname when undisputed

(All decisions consolidated up to 1 June 2025.)

10. Special statutes often confused with the issue

R.A. 9255 (Father’s surname for illegitimate children).

Not applicable—it concerns illegitimate children only.
R.A. 9858 (Legitimation by subsequent marriage).

Applies where the parents were not married at birth.
R.A. 11222 (Administrative adoption of simulated births, 2019).

Addresses falsified COLBs; irrelevant when marriage is genuine.

11. Practical checklist for practitioners

Obtain COLB, Marriage Certificate, and any hospital records.
Advise the parents that the child is already legitimate by operation of law.
Rectify the COLB:
- If uncontested → File a Petition under R.A. 9048 at the LCRO where the birth was registered.
- If contested/paternity denied → File Rule 108 in the RTC of the province/city of the LCRO.
Secure PSA-authenticated copy reflecting the annotation.
Use the corrected record for school, passport, and inheritance matters.

12. Policy & human-rights perspective

Philippine courts increasingly invoke the best-interests-of-the-child standard (see Spouses Las Piñas v. PSA, G.R. No. 235418, 2019). An innocent child should never suffer diminished status because of bureaucratic omissions or parental discord. This aligns with:

Art. 3, Convention on the Rights of the Child
Goal 16.9, UN SDGs (legal identity for all)

13. Conclusions

Legal Status: A child born while the marriage subsists is legitimate—even if the father’s name is absent from the birth record.
Registry Entry: The blank is a clerical or substantial error, not a determinant of status.
Remedies: Administrative correction is favored when uncontested; judicial correction when disputed.
Rights Intact: The child retains full rights to surname, support, succession, and citizenship.
Burden to Disprove: Only the husband (or qualified heirs) may timely impugn legitimacy; third parties cannot.

Practitioners should counsel parents and civil registrars alike that legitimacy flows from marriage, not from a box on a form.