Concepcion vs. CA G.R. No. 123450 August 31, 2005 Facts: Ma.

Theresa Almonte married Gerardo Concepcion, which they begot a child named Jose Gerardo. Gerardo Concepcion found out that his wife was still married to Mario Gopiao. Hence, he filed for annulment on the ground of bigamy. Theresa averred that he married Mario but that was only a sham and she never lived with him at all. RTC ruled that Theresas marriage with Mario Gopiao is still valid and subsisting thus the marriage with Gerardo is bigamous and the child born was condemned illegitimate. Custody was then given to Theresa. Theresa felt betrayed and humiliated when Gerardo had their marriage annulled. She argued that a putative father cannot have visitation rights over the illegitimate child and the childs surname be changed to the mothers maiden name. Gerardo opposed the motion and insisted on the visitation rights and retention of the fathers surname to the child. Issue: Whether or not the child born out of a bigamous marriage is considered legitimate. Ruling: Jose Gerardo is deemed born legitimate although the mother may have declared against its legitimacy or may have been sentenced as an adulteress. The fact that the child was conceived and born at the time the spouses had lived together. The law and only the law determine, who are the legitimate or illegitimate children, for ones legitimacy or illegitimacy cannot ever be

compromised. Not even the birth certificate of the minor can change his status for the information contained therein is merely supplied by the mother and/or the supposed father. It should be what the law says and not what a parent says it is.