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LEGITIMATED CHILDREN

PFRDigest – Abadilla Vs. Tabiliran, AM No. MTJ-92-716, October 25, 1995

Facts:
Ma. Blyth Abadilla, a Clerk of Court, filed a complaint against Judge Tabiliran on
the grounds of gross immorality, deceitful conduct, and corruption unbecoming of
a judge.  With respect to the charge on gross immorality, she contended that the
judge scandalously and publicly cohabited with Priscilla Baybayan during
subsistence of his marriage with Teresita Banzuela.  Tabiliran and Priscilla got
married in May 1986.  On the other hand, with respect to the charge on deceitful
conduct, petitioner claims that the judge caused his 3 illegitimate children with
Priscilla be registered as legitimate by falsely executing separate affidavits stating
the delayed registration was due to inadvertence, excusable negligence or
oversight when in fact, he knew these children cannot be legally registered as
legitimate.  The judge averred that 25 years had already elapsed since the
disappearance of her wife in 1966 when he married Priscilla hence the
cohabitation was neither bigamous nor immoral.  However, as early as 1970,
based on the record, Priscilla had begotten her 3 children.

Issue:
Whether or not the 3 children can be considered legitimate.

Ruling:
The 3 children cannot be legitimated nor in any way be considered legitimate
since the time they were born, there was an existing valid marriage between
Tabiliran and Teresita.  Only natural children can be legitimated.  Children 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, are natural. 

Under Article 177 of the Family Code, 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. 

Reasons for this limitation:


1. The rationale of legitimation would be destroyed;
2. It would be unfair to the legitimate children in terms of successional rights;
3. There will be the problem of public scandal, unless social mores change;
4. It is too violent to grant the privilege of legitimation to adulterous children
as it will destroy the sanctity of marriage;
5. It will be very scandalous, especially if the parents marry many years after
the birth of the child. 

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