In the Philippine legal system, the distinction between legitimate and illegitimate children carries significant weight regarding parental authority, custody, and support. Governed primarily by the Family Code of the Philippines (Executive Order No. 209) and supplemented by the Republic Act No. 9255, the law provides a specific framework for children born out of wedlock.
1. The Legal Definition of an Illegitimate Child
Under Article 165 of the Family Code, children conceived and born outside a valid marriage are considered illegitimate. This includes:
- Children born to parents who are not married to each other.
- Children born from marriages that are void from the beginning (under Article 35, 36, 37, and 38), with specific exceptions for children born under Article 36 (psychological incapacity) and Article 53.
2. Sole Parental Authority of the Mother
The most critical rule regarding illegitimate children is found in Article 176 of the Family Code (as amended by R.A. 9255):
"Illegitimate children shall use the surname and shall be under the parental authority of their mother..."
Key Implications:
- Sole Authority: The mother possesses the exclusive right to make decisions regarding the child’s upbringing, education, and welfare.
- Consent: For travel, medical procedures, or school enrollments, only the mother’s consent is legally required.
- The Father’s Status: Even if the father recognizes the child (by signing the birth certificate or through a private handwritten instrument), he does not automatically gain parental authority.
3. Custody Rights and the "Tender Age" Rule
Custody is the physical care and control of the child. In the Philippines, the mother has the primary right to custody of an illegitimate child.
The Tender Age Rule (Article 213)
While Article 213 generally applies to separated spouses, its principle is applied broadly: No child under seven years of age shall be separated from the mother, unless the court finds compelling reasons (such as neglect, drug addiction, or insanity) to rule otherwise.
Can the Father Win Custody?
A father can only obtain custody if he can prove in court that the mother is unfit. In determining "fitness," the "Best Interests of the Child" is the paramount consideration. Poverty or the mother's lack of a job is generally not sufficient reason to strip her of custody if she is otherwise providing for the child's well-being.
4. The Father’s Right to Visitation
While the father of an illegitimate child does not have parental authority, the Supreme Court of the Philippines has consistently upheld the father’s Right to Visitation.
- Basis: This is rooted in the constitutional right of the child to be cared for by both parents and the recognition that a relationship with the father is usually beneficial for the child's development.
- Limitations: Visitation rights can be restricted or denied if it is proven that the father’s presence poses a physical or psychological threat to the child.
5. Use of Surname and Acknowledgment
Under R.A. 9255, illegitimate children may use the father's surname if:
- The father expressly recognizes the child through the record of birth (signing the birth certificate).
- The father admits paternity in a public document or a private handwritten instrument.
Important Note: Allowing a child to use the father's surname does not grant the father custody or parental authority. It only establishes the filiation and the child's right to support and successional rights.
6. Support and Successional Rights
Regardless of custody or parental authority, an illegitimate child is entitled to:
- Compulsory Support: The father is legally obligated to provide for the child’s food, shelter, clothing, medical attendance, and education. This obligation remains even if the father is married to someone else.
- Legitime (Inheritance): Under the Civil Code, illegitimate children are "compulsory heirs." However, their legitime (legal share) is generally one-half (1/2) of the legitime of a legitimate child.
7. Summary of Rights
| Right / Authority | Mother of Illegitimate Child | Father of Illegitimate Child |
|---|---|---|
| Parental Authority | Sole and Exclusive | None (unless mother is unfit) |
| Physical Custody | Primary Right | Visitation Rights only |
| Surname Choice | Primary Right | Allowed only if child is recognized |
| Obligation to Support | Yes | Yes (upon proof of filiation) |
| Succession Rights | Child inherits from mother | Child inherits from father |
8. Jurisprudence: The "Best Interest" Doctrine
The Philippine Supreme Court has repeatedly emphasized that in all controversies regarding the custody of minors, the "Best Interests of the Child" shall be the paramount consideration. This means that while the law strongly favors the mother, the court always reserves the right to intervene if the child's safety or development is at risk.