Who Are Illegitimate Children Under Philippine Law?

Understanding who are considered illegitimate children in the Philippines is important for issues involving inheritance, child support, parental authority, and civil status. Philippine law draws a clear legal distinction between legitimate and illegitimate children, and this classification has concrete legal consequences.

This article explains who are illegitimate children under Philippine law, the legal basis for their classification, and how courts apply the rule in actual cases.

Legal Basis: The Family Code of the Philippines

Under the Family Code of the Philippines, children are classified into only two basic categories:

1. Legitimate children, and

2. Illegitimate children

There is no third or intermediate category. The Supreme Court has consistently held that all children fall into either one of these two classes, unless a specific law provides otherwise.

Core Definition: Children Born Outside a Valid Marriage

General Rule

Illegitimate children are those conceived and born outside a valid marriage.

This rule is straightforward: If the parents were not validly married to each other at the time of the child’s conception or birth, the child is generally considered illegitimate, unless the law expressly treats the child as legitimate.

This definition has been repeatedly affirmed in recent jurisprudence and remains the controlling rule today.

Practical Indicator: Were the Parents Validly Married?

A practical way to determine whether a child is illegitimate is to ask: Were the child’s parents validly married to each other? If the answer is no, the child is generally illegitimate.

This includes the following common situations:

1. Parents Were Never Married

If the parents never entered into a marriage at all, the child is illegitimate.
This applies regardless of:

• Long-term cohabitation

• A romantic relationship

• Acknowledgment of the child by the father

Without a valid marriage, the child remains illegitimate under the Family Code .

2. Parents’ Marriage Was Invalid

Even if the parents went through a wedding ceremony, the child may still be illegitimate if the marriage was not legally valid.

This includes marriages that are:

• Void (e.g., bigamous marriages, lack of a marriage license, etc), or

• Voidable (until annulled, subject to specific legal rules)

Unless a specific provision of law grants legitimacy, children born from such unions are treated as illegitimate .

Supreme Court Guidance

Philippine jurisprudence consistently applies the rule that valid marriage is the controlling factor.

In Aquino v. Aquino (2021), the Supreme Court reiterated that:

• There are only two classes of children under the Family Code; and

• All children conceived and born outside a valid marriage are illegitimate, unless the law provides otherwise .

Similarly, in Ordoña v. Local Civil Registrar of Pasig City (2021), the Court treated the child as illegitimate because he was conceived and born outside a valid marriage, even though issues regarding civil registry entries and paternity were raised .

These cases show that documentation issues, acknowledgment, or disputes over records do not change the child’s status if there was no valid marriage.

Legitimate vs. Illegitimate: Simplified Framework

To summarize:

• Legitimate children

• Conceived or born during a valid marriage

• Or those whom the law expressly treats as legitimate (such as legally adopted children)

• Illegitimate children

• Conceived and born outside a valid marriage

• Unless a specific law grants them legitimate status

This framework is consistently applied by courts and civil registrars across the Philippines.

Why This Classification Matters

The classification of a child as illegitimate affects several legal rights, including:

• Inheritance and legitime

• Use of surname

• Parental authority

• Support and custody arrangements

While Philippine law has evolved to protect the rights of illegitimate children, the distinction still exists and continues to have legal consequences.

Conclusion

Illegitimate children under Philippine law are those conceived and born outside a valid marriage, unless a law expressly treats them as legitimate. The determining factor is not the relationship of the parents, but the existence of a valid marriage at the relevant time.

This rule is firmly grounded in the Family Code and repeatedly affirmed by Supreme Court decisions, including Aquino v. Aquino and Ordoña v. LCR of Pasig City.

If you have a specific situation—such as parents marrying after the child’s birth, a void marriage, or questions about legitimation—the child’s legal status can be assessed more precisely under the same legal framework.

*This blog post is intended for informational and academic purposes only and does not constitute legal advice. Readers are encouraged to consult a qualified lawyer for advice specific to their individual circumstances.

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