Angeles vs Tabiliran

249 SCRA 447 | October 25, 1995

Per Curiam

Facts:

Complainant Abadilla contends that respondent Judge had scandalously and publicly cohabited
with a certain Priscilla Q. Baybayan during the existence of his legitimate marriage with Teresita
Banzuela. Furthermore, respondent falsely represented himself as "single" in the marriage and
dispensed with the requirements of a marriage contract by invoking cohabitation with Baybayan for five
years.

Complainant also claims that respondent caused his three illegitimate children with Priscilla
Baybayan to be registered as a legitimate by falsely executing separate affidavits stating that the
delayed registration was due to inadvertence, excusable negligence or oversight, when in truth and in
fact, respondent knew that these children cannot be legally registered as legitimate.

Issue:

Can respondent’s children with Baybayan be legitimated with their subsequent marriage?

Held:

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. In the case at bar, respondent Judge still has a subsisting marriage with Teresita Banzuela
which is an impediment for his subsequent marriage with Baybayan, therefore his children with
Baybayan cannot be legitimated.