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WHAT YOU NEED

TO KNOW ABOUT
REPUBLIC ACT

9858?

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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

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Coverage

Article 177 of the Family CodeChildren 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.

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Article 178 of the Family CodeLegitimation shall take place by a

subsequent valid marriage between
parents. The annulment of a
voidable marriage shall not affect
the legitimation.

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Definition of Terms
1.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.
2.Minor parent a person under 18 years old
who has a child.

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Definition of Terms
3. 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

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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;

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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.

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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.

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Who shall execute the Affidavit of

Legitimation?
2
1
Both parents`

Surviving parent, in case one of

the parents dies or is presumed
dead

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.

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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; and
The judicially appointed guardian or by persons
authorized by law to exercise substitute parental
authority, if the child is a minor and both parents are
dead.

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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;
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.

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

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Where to Register the Affidavit of Legitimation

If executed within the Philippines :
at the Local Civil Registry Office (LCRO) where the child was born, if the
birth occurred in the Philippines
at the City Civil Registrar (CCR) of Manila, if the birth occurred outside
the Philippines.
If executed outside the Philippines:
at the City Civil Registrar (CCR) of Manila, 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.

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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>.

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>.

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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.
LCR Form 1A 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;
d.)The entry on the date and place of marriage shall be entered remarks portion (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>.

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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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