RA 9858

RA 9858 An Act Providing for Legitimation of Children Born to Parents Below Marrying Age, Amending for the purpose the Family Code of the Philippines

RA 9858 Article 177 of the Family Code- “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, or so disqualified only because either or both of them were below eighteen (18) years of age, may be legitimated.”

Legal Basis: RA 9858 Commonwealth Act No. 591 Section 8 of Act No. 3753 Section 2 of RA No. 9858 (Implementing Rules)

In Consultation with: RA 9858 Committee on Revision of Laws of the House of Representatives Committee on Youth, Women and Family Relations of the Senate Council for the Welfare of Children (CWC) Department of Justice (DOJ)

In Consultation with: RA 9858 Office of the Supreme Court Administrator Department of Foreign Affairs (DFA) Philippine Association of Civil Registrars (PACR) University of the Philippines (UP) Law Center

RA 9858 Coverage - children conceived and born outside of marriage of parents who at time of conception of the child, 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.

RA 9858 Definition of Terms Legitimation – a process where a child born out of wedlock is considered legitimate by fiction of law due to the subsequent valid marriage of his/her parents. Minor parent – a person under 18 years old who has a child.

RA 9858 Definition of Terms Legal Impediment – all causes and circumstances that may render the marriage void under the Family Code of the Philippines such as: prior existing marriage; Those contracted by any party below eighteen years of age even with the consent of parents or guardians

RA 9858 Definition of Terms Those solemnized by any person not legally authorized to perform marriage unless such marriages were contracted with either or both parties believing in good faith that the solemnizing officer had the legal authority to do so; Those solemnized without a license, bigamous or polygamous marriages not falling under Article 41;

RA 9858 Those contracted through mistake of one contracting party as to the identity of the other; and Those subsequent marriages that are void under Article 53.

RA 9858 Requisites for Legitimation Parents are not disqualified to marry each other by any legal impediment at the time of conception of the child, or are so disqualified because either or both of them is/are minor parent/s; Child is conceived and born outside a valid marriage; Parents subsequently enter into a valid marriage.

RA 9858 Who shall execute the Affidavit of Legitimation? 2 1 Surviving parent, in case one of the parents dies or is presumed dead Both parents` In case where, both parents died without executing any Affidavit of Legitimation, the child, if of age, may file a petition for legitimation in court. If the child is a minor, the judicially appointed guardian or by persons authorized by law to exercise substitute parental authority as enumerated under Article 216 of the Family Code of the Philippines may file the petition in court.

RA 9858 Contents of the Affidavit of Legitimation Names of parents and place of residence; Date and place when such marriage was solemnized; Name of the officer who officiated the marriage; Name of the child to be legitimated; Date and place where the child was born;

RA 9858 Contents of the Affidavit of Legitimation A statement that at the time when the child was conceived, the aforesaid parents were not disqualified by any impediment to marry each other except age, and that they subsequently entered into a valid marriage; and A statement that by virtue of the subsequent marriage, the said child is now legitimated.

REGISTRATION PROCEDURES Who shall Register The father and/or mother of the child to be legitimated; The child if of legal age; Any person authorized by the above or by law as provided by Article 216 of the Family Code. The judicially appointed guardian or by persons authorized by law to exercise substitute parental authority as enumerated under Article 216 of the Family Code, if the child is a minor and both parents are dead.

REGISTRATION PROCEDURES What to Register Affidavit of Legitimation The supporting documents are: Certified True Copy (CTC) of the Certificate of Live Birth (COLB) of the child; CTC of the Certificate of Marriage of Parents;

REGISTRATION PROCEDURES What to Register (supporting documents) Certificate of No Marriage (CENOMAR) of both parents; Death Certificate of the deceased parent/s in case of death of either parent; and Court order of the presumptive death, in case one of the parents is presumed dead.

REGISTRATION PROCEDURES When to Register The Affidavit of Legitimation shall be registered within thirty (30) days from the date of execution.

REGISTRATION PROCEDURES Where to Register The Affidavit of Legitimation executed within the Philippines shall be registered at the Local Civil Registry Office (LCRO) where the child was born, if the birth occurred in the Philippines. The Affidavit of Legitimation executed within the Philippines shall be registered at the City Civil Registrar (CCR) of Manila , if the birth occurred outside the Philippines.

REGISTRATION PROCEDURES Where to Register The Affidavit of Legitimation executed outside the Philippines , whether the birth occurred within or outside the Philippines, shall be authenticated by the Consul General or his/her representative in the nearest Philippine Consulate General or Embassy which has jurisdiction over the place where one or both of the parents reside. The CCR of Manila shall register the authenticated Affidavit of Legitimation.

RA 9858 Effects of Legitimation The effects of legitimation shall retroact at the time of the birth of the child. The child shall enjoy the same rights as legitimate children ( Article 174 of the Family Code of the Philippines) The annulment of a voidable marriage shall not affect the legitimation. (Article 178 of the Family Code of the Philippines)

RA 9858 Effects of Legitimation The Certificate of Live Birth (COLB) and the Register of Births shall be annotated as follows: Birth was registered using the surname of the father: “Legitimated by the subsequent marriage of parents<name of the father>and<name of mother>on<date of marriage>at<place of marriage>under registry number<registry number of the Affidavit of Legitimation>”.

RA 9858 Effects of Legitimation Annotations on the Certificate of Live Birth Birth was registered using the surname of the mother: “Legitimated by the subsequent marriage of parents<name of the father>and<name of mother>on<date of marriage>at<place of marriage>under registry number<registry number of the Affidavit of Legitimation>. The child shall be known as <name of child by virtue of legitimation>”.

RA 9858 Issuance of Certified Copy of Certificate of Live Birth and Certified Transcription from the Register of Births ( LCR Form 1A) No entry on the original copy of the COLB shall be changed when a certified true copy is issued. The certified copy shall only bear the appropriate annotation.

RA 9858 Issuance of Certified Copy of Certificate of Live Birth and Certified Transcription from the Register of Births (LCR Form 1A) The certified transcription (LCR Form 1A) from the Register of Births shall bear the following effects: a.) The last name of the child shall be changed to the surname of the father; b.) The middle name of the child shall be maiden surname of the mother; c.) The name of the father and other relevant information, if not indicated in the COLB shall be entered;

RA 9858 Sample rule 6a

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RA 9858 Rule 6b

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RA 9858 Rule 6C

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RA 9858 Rule 7a

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RA 9858 Rule 7b

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RA 9858 The following annotation shall appear on the Remarks space: Issuance of Certified Copy of Certificate of Live Birth and Certified Transcription from the Register of Births (LCR Form 1A) The certified transcription (LCR Form 1A) from the Register of Births shall bear the following effects: d.)The entry on the date and place of marriage shall be entered. The following annotation shall appear on the Remarks space: “Legitimated by subsequent marriage of parents under Registry Number<Registry Number of the Affidavit of Legitimation>” shall appear on the Remarks Spaces. ``

RA 9858 Processing of Documents at the LCRO Births occurring in the Philippines and the Affidavit of Legitimation executed in the Philippines: The City/Municipal Civil Registrar (C/MCR) shall examine the Affidavit of Legitimation and the supporting documents for authenticity, completeness and consistency; The C/MCR shall register the Affidavit of Legitimation in the Registry of Legal Instruments;

RA 9858 Processing of Documents at the LCRO Births occurring in the Philippines and the Affidavit of Legitimation executed in the Philippines: The C/MCR shall annotate the COLB and the Register of Births; The C/MCR shall issue a certified copy of the COLB or certified transcription (LCR Form 1A) with annotations and/or Affidavit of Legitimation upon request of authorized persons (Section 7, PD 603);

RA 9858 Processing of Documents at the LCRO Births occurring in the Philippines and the Affidavit of Legitimation executed in the Philippines: The C/MCR shall send to OCRG certified copy of the following: Annotated COLB; COLB without annotation, if available; Affidavit of Legitimation; Certificate of Registration of the Affidavit of Legitimation; Certificate of Marriage; and Other supporting documents as applicable such as Certificate of Death, Divorce, Declaration of Nullity, etc

RA 9858 Processing of Documents at the LCRO Births occurring in the Philippines and the Affidavit of Legitimation executed outside the Philippines: The Affidavit of Legitimation shall be authenticated by the Consul General or his/her representative in the nearest Philippine Consulate General or Embassy which has jurisdiction over the place where one or both of the parents reside;

RA 9858 Processing of Documents at the LCRO Births occurring in the Philippines and the Affidavit of Legitimation executed outside the Philippines: The CCR of Manila shall examine the Affidavit of Legitimation and the supporting documents for authenticity, completeness and consistency; The CCR of Manila shall register the authenticated Affidavit of Legitimation with the supporting documents;

RA 9858 Processing of Documents at the LCRO Births occurring in the Philippines and the Affidavit of Legitimation executed outside the Philippines: The CCR of Manila shall forward a copy of the Affidavit of Legitimation and the supporting documents to the C/MCR where the birth was registered; The C/MCR where the birth was registered shall annotate the COLB and the Register of Births;

RA 9858 Processing of Documents at the LCRO Births occurring in the Philippines and the Affidavit of Legitimation executed outside the Philippines: The C/MCR where the birth was registered shall issue a certified copy of the COLB or certified transcription (LCR Form 1A) with annotations upon request of authorized persons (Section 7, PD 603)

RA 9858 Processing of Documents at the LCRO Births occurring in the Philippines and the Affidavit of Legitimation executed outside the Philippines: The C/MCR where the birth was registered shall send to OCRG certified copy of the following: a. Annotated COLB b. COLB without annotation, if available c. Affidavit of Legitimation d. Certificate of Registration of the Affidavit of Legitimation c. Certificate of Marriage and d. Other supporting documents as applicable such as Certificate of Death, Divorce, Declaration of Nullity, etc.

RA 9858 Processing of Documents at the LCRO Births occurring outside the Philippines and the Affidavit of Legitimation executed in the Philippines: The CCR of Manila shall register the Affidavit of Legitimation together with the supporting documents; The CCR of Manila shall forward a copy of the Affidavit of Legitimation and supporting documents to the OCRG.

RA 9858 Processing of Documents at the LCRO Births occurring outside the Philippines and the Affidavit of Legitimation executed outside the Philippines: The Affidavit of Legitimation shall be authenticated by the Consul General or his/her representative in the nearest Philippine Consulate General or Embassy which has jurisdiction over the place where one or both parents reside;

RA 9858 Processing of Documents at the LCRO Births occurring outside the Philippines and the Affidavit of Legitimation executed outside the Philippines: The CCR of Manila shall examine the Affidavit of Legitimation and the supporting documents for authenticity, completeness and consistency;

RA 9858 Processing of Documents at the LCRO Births occurring outside the Philippines and the Affidavit of Legitimation executed outside the Philippines: The CCR of Manila shall register the authenticated Affidavit of Legitimation and the supporting documents; The CCR of Manila shall forward a copy of the Affidavit of Legitimation and supporting documents to OCRG.

RA 9858 Processing of Documents at the OCRG The OCRG shall examine the annotated COLB, Affidavit of Legitimation and all supporting documents submitted for authenticity and consistency; The OCRG shall annotate Report of Births; The OCRG shall file the documents submitted by the C/MCR in its archives; and The OCRG shall issue a certified copy of the annotated COLB and/or Affidavit of Legitimation upon request of authorized persons. (Section 7, PD 603)

RA 9858 Retroactivity Clause These rules shall have retroactive effect for all births occurring within and outside the Philippines after the effectivity of the Family Code.

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