In the Philippine legal system, the status of a child—whether legitimate or illegitimate—carries significant implications for parental authority, use of surnames, and successional rights. Legitimation is a remedy provided by law to upgrade the status of a child born out of wedlock to that of a legitimate child through the subsequent valid marriage of the parents.
The Legal Basis for Legitimation
Legitimation is governed primarily by the Family Code of the Philippines and Republic Act No. 9858. Under the law, only children conceived and born outside of wedlock of parents who, at the time of the conception of the former, were not disqualified by any impediment to marry each other may be legitimated.
Note on RA 9858: This law expanded the scope of legitimation. Previously, if parents were disqualified by age, the child could not be legitimated. Now, children born to parents who were disqualified only because of their age (below 18) at the time of conception can still be legitimated once the parents validly marry.
Requisites for a Valid Legitimation
For a child to be legitimated, the following conditions must be met:
- The child was conceived and born outside of a valid marriage.
- At the time of the child's conception, the parents were not disqualified by any legal impediment to marry each other (subject to the age exception in RA 9858).
- The parents subsequently enter into a valid marriage.
If the parents were disqualified from marrying each other at the time of conception (e.g., one parent was still legally married to someone else), the child is considered "illegitimate" and cannot be legitimated, though they may still be "acknowledged."
Documentary Requirements for Legitimation
To process the legitimation of a child, the parents must submit specific documents to the Local Civil Registrar (LCR) of the place where the child's birth was recorded.
1. Affidavit of Legitimation
This is a sworn statement executed by both parents indicating:
- The names of the parents and the child.
- The date and place of the child's birth.
- A statement that at the time of the child’s conception, the parents were not disqualified by any legal impediment to marry each other.
- The date and place of the subsequent marriage.
2. Certificate of Live Birth (COLB)
A certified true copy of the child’s birth certificate issued by the Philippine Statistics Authority (PSA) or the LCR.
3. Marriage Certificate
A PSA-issued Marriage Certificate of the parents to prove the subsequent valid marriage.
4. Certificate of No Marriage (CENOMAR)
The PSA-issued CENOMAR is a critical requirement for both parents. It serves as official proof that neither parent had a prior existing marriage at the time the child was conceived, satisfying the "no legal impediment" rule.
5. Supplemental Requirements
Depending on the specific LCR, they may also require:
- Valid IDs of both parents.
- Affidavit of Acknowledgment/Admission of Paternity (if the father did not sign the original birth certificate).
- Processing fees.
The Role of the CENOMAR
The CENOMAR is the primary tool used by the Civil Registrar to verify the eligibility of the child for legitimation. Since legitimation is strictly reserved for parents who could have married at the time of conception, the CENOMAR provides a timeline of the parents' marital status.
| Status at Conception | Impact on Legitimation |
|---|---|
| Both Single | Child is eligible for legitimation upon marriage. |
| One/Both Married to Others | Child is ineligible for legitimation (remains illegitimate). |
| Underage (Below 18) | Eligible under RA 9858 once a valid marriage occurs. |
Procedural Steps for Registration
- Preparation: Gather all PSA-issued documents (COLB, Marriage Contract, CENOMAR).
- Execution: Draft and notarize the Affidavit of Legitimation.
- Filing: Submit the documents to the LCR where the birth was registered.
- Verification: The LCR examines the documents for authenticity and compliance with the Family Code.
- Registration: Once approved, the LCR will register the Affidavit of Legitimation.
- Annotation: The original birth record of the child will not be replaced, but it will be annotated. A remark will be added to the margin stating that the child is now legitimated by virtue of the parents' marriage.
- PSA Update: The LCR will forward the annotated record to the PSA. Parents can later request a new PSA birth certificate that reflects the annotation.
Effects of Legitimation
Once the process is complete, legitimated children enjoy the same rights as legitimate children:
- Succession: They have the same legal rights to inherit from their parents as children born during marriage.
- Support: They are entitled to legal support from both parents.
- Surname: The child has the right to use the father's surname as a matter of right.
- Parental Authority: Both parents legally share parental authority over the child.