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Also, the matters contained in the following were written in accordance with the law, rules, and jurisprudence prevailing at the time of writing and posting, and do not include any future developments on the subject matter under discussion.
AT A GLANCE:
Article 178 of the Family Code provides that legitimation shall take place by a subsequent valid marriage between parents. The annulment of a voidable marriage shall not affect the legitimation.
In the case of Republic vs. Spouses Boquiren, G.R. No. 250199, February 13, 2023, the Supreme Court held that after legitimation, legitimated children shall enjoy the same rights as legitimate children with its effects retroacting to the time of the child’s birth.
Legitimation, therefore, equalizes children born out of wedlock with legitimate children and puts a legitimated child completely and fully on equal footing with children born on lawful wedlock. As such, the presumption of legitimacy also applies to a legitimated child in the sense that he or she is considered as a product of the lawful marriage of the parents. It stands to reason that, similar to legitimate children, the status of legitimated children cannot be collaterally attacked.
Article 180 of the Family Code provides that, “The effects of legitimation shall retroact to the time of the child’s birth. As to who may impugn the legitimation, Article 182 of the Family Code provides that legitimation may be impugned only by those who are prejudiced in their rights, within five (5) years from the time their cause of action accrues.
It is very clear that persons whose rights may be prejudiced under Article 182 of the Family Code and who are given the right to impugn an erroneous legitimation are those who stand to suffer economic or material injury by reason of improper legitimation, such as the heirs of the parents of legitimated children.
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