Elements for legitimation

Elements for legitimation "I have two kids aged 6 and 9. Their father and I were not married at the time of their respective births, but we got married last month in celebration of our 10-year anniversary. Are our children now considered legitimated? They were born in Bulacan. Please advise me. Candice of Pulilan BulacanDear Candice, Under our law, legitimation of illegitimate children shall take place upon a subsequent valid marriage between their parents. To be specific, it is explicitly provided under our law that:“Section 1. Article 177 of Executive Order 209, otherwise known as the “Family Code of the Philippines,” as amended, is hereby further amended to read as follows: “Art. 177. 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. 178. Legitimation shall take place by a subsequent valid marriage between parents. The annulment of a voidable marriage shall not affect the legitimation.”” (Section 1,Republic Act 9858) In the situation which you have presented, it is undeniable that you and the father of your two minor children entered into a contract of marriage subsequent to your children’s births. However, this fact alone cannot suffice to say that your children are now considered legitimated. As can be gleaned from the abovementioned provision of law, there are three essential elements for legitimation: that the children were conceived and born outside a valid marriage that at the time said children were conceived, their parents were not disqualified by any legal impediment to marry each other, or if they were so disqualified, it is only because either or both of them were below 18 years of age and that they subsequently entered into a valid marriage.Thus, you and the father of your children, who is now your husband, must substantiate that, apart from the contract of marriage which the two of you entered, your children were conceived and born outside a valid marriage and that at the time your children were conceived, both of you were not disqualified by any legal impediment to marry each other, or if you were so disqualified, it is only because either or both of you were below 18 years of age at the time of their conception.Should all the elements be present, you and your husband must execute an Affidavit of Legitimation and register the same before the Local Civil Registry Office (LCRO) where your children were born within 30 days from the date of its execution.(Rule 5.3 and 5.4, Implementing Rules and Regulations, RA 9858)We hope that we were able to answer your queries. This advice is based solely on the facts you have narrated and our appreciation of the same. Our opinion may vary when other facts are changed or elaborated. Editor’s note: Dear PAO is a daily column of the Public Attorney’s Office. Questions for Chief Acosta may be sent to " - https://www.affordablecebu.com/