Title
Legitimation of Children Born to Underage Parents
Law
Republic Act No. 9858
Decision Date
Dec 20, 2009
Republic Act No. 9858 amends the Family Code of the Philippines to allow the legitimation of children born to parents below the marrying age, granting them the same rights and privileges as children born within a valid marriage.
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Conditions and Effect of Legitimation

  • Legitimation of a child occurs through a subsequent valid marriage of the parents.
  • The legitimation is effective even if the marriage is later annulled, provided the annulment is of a voidable marriage—not a void marriage.
  • This means that once legitimated, the child's status remains regardless of the marriage's later validity challenges.

Implementation and Rule-Making Authority

  • The Civil Registrar General is mandated to issue implementing rules and regulations for the effective application of this Act.
  • These rules must be drafted in consultation with multiple stakeholders, including:
    • Chairpersons of the Senate Committee on Youth, Women and Family Relations
    • Council for the Welfare of Children
    • Department of Justice (DOJ)
    • Department of Foreign Affairs (DFA)
    • Office of the Supreme Court Administrator
    • Philippine Association of Civil Registrars (PACR)
    • University of the Philippines Law Center (UP Law Center)
  • The rules must be issued within one (1) month from the Act’s effectivity.

Repealing Clause

  • All existing laws, presidential decrees, executive orders, proclamations, or administrative regulations inconsistent with this Act are amended, modified, superseded, or repealed accordingly.
  • This ensures the Act's provisions prevail over prior conflicting legal texts.

Effectivity

  • The Act takes effect fifteen (15) days after its complete publication either in the Official Gazette or in at least two (2) newspapers of national circulation.
  • This provision ensures public knowledge and legal enforceability of the Act upon its publication.

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