What is legitimation?

Legitimation is a remedy by means of which those who in fact were not born in wedlock and should, therefore, be considered illegitimate, are, by fiction, considered legitimate, it being supposed that they were born when their parents were already validly married. (1 Manresa 550, as cited on p. 251, Handbook on Family Code of the Philippines, Alicia V. Sempio-Diy)

Who may be legitimated?

Only children conceived and born outside of wedlock of parents who, at the time of conception of the former, were not disqualified by any impediment to marry each other, or were so disqualified only because either or both of them were below eighteen (18) years of age, may be legitimated. (Art. 177, FC as amended by RA 9858)

Children born of adulterous relationships, incestuous marriages, bigamous or polygamous marriages as well as marriages which are void from the beginning for reasons of public policy may not be legitimated. 

What requisites must concur in order that a child may be legitimated?

In order that a child may be legitimated, the following requisites must concur:

1. At the time of conception of the child, his/her parents were not disqualified by any impediment to marry each other;

2. The child is conceived and born outside of wedlock;

3. After the birth of the child, his/her parents subsequently got married; and,

4. Such marriage is not void ab initio. 

How shall legitimation take place?

Legitimation shall take place by a subsequent valid marriage between parents. (Art. 178, FC)

Will the annulment of a voidable marriage affect the legitimation of the child?

The annulment of a voidable marriage shall not affect the legitimation. (Art. 178, FC) 

The subsequent marriage of the parents must not be void ab initio, otherwise, legitimation shall not take place. If the marriage is simply voidable, the annulment of such marriage shall not affect the legitimation. 

What rights shall be enjoyed by legitimated children?

Legitimated children shall enjoy the same rights as legitimate children. (Art. 179, FC) Prior to the marriage of the parents, the status of the child is illegitimate. Upon the celebration of the marriage between the child's parents, the status of the child is ipso jure raised to legitimate status. 

When shall legitimation take effect?

The effects of legitimation shall retroact to the time of the child's birth. (Art. 180, FC) If the child dies prior to the marriage of his/her parents, the subsequent marriage of his/her parents shall nonetheless benefit his/her descendants. 

What is the effect on the legitimation of the child should the child die before the celebration of the marriage?

The legitimation of children who died before the celebration of the marriage shall benefit their descendants. (Art. 181, FC)

Who may impugn legitimation?

Legitimation may be impugned only by those who are prejudiced in their rights (Art. 182, FC). The rights referred to are successional rights. Hence, only those whose successional rights are directly affected may impugn legitimation that took place. 

Within what time may the impugnation of the legitimation be made?

Within five (5) years from the time of death of either of the parents of the child from whom the plaintiff/petitioner is a compulsory or intestate heir. (Art. 182, FC)