CHAPTER STATUS OF CHILDREN A. LEGITIMACY AND ILLEGITIMACY LL What ate the conflies rales in determining legitimacy of children? (a) If the parents are of the same nationality theis common personal iw, wheter ther national aw or ze lw of thew dome, wil be applied. (1 Rabel, supra} 1 the parents ate of efferent uationalines, the personal laws oF the fcr governs (Rabel, id {i to the Philippines. since we follows the nationality theory (AE 15, New Civil Cad), the common national nw of the pacents applies, sandal dhey hace different snuonaines, the nauonal lw of the father speverns 2, Who are legitimate and illegitimate children ander Philippine ftermal law? “Ast 164 of, che Family Cade defines legitimate children as children conceived or born duting the mamage of the patents"; while ilogiamate children ate defined by dhe sucveeding Art 165 ae "culdeen encewed ane boen outside » valid, marciage, xx x unless othervtse ppeowided i this Code” “The second paragraph of Art. 164, however, nclodes a special kind of legitimate children: namely chiléen conceived as resul of the artical insemination of the wife wath the spent of she busband Oe that (fs donor or both, promded the eieren were bom under the condition presented ene Arle (Please see comments on childeen by arcs insetnunaton ‘of this eae author in her “Flandbook on the Family Cocte nf the Philippines", 1995 c2, pp. 258-260). ‘As for the exceptions to Art. 165 of the Code defining who ate ilegimate children, the exeeptions referred to ate the childeen Lorn ol vod massinges under Art. 36 (void because of the psvchologien) incapacity of ane ofthe spenees) and under Art. 83 (those born of the fest marrige of parties before said fist marrage had been annulled oF declized void, and who marry 2 second time without delivering the prenampsive logicime of the eden of their fst marsiage} 5. What are the sights of legitimate and legitimated children ‘under Philippine law? ‘The tights of legitimate wn legitimated chideen under Art 74 of the Family Code ate (1 To bear the surnames of ce father and the motes, jo ‘conformity withthe provisions of the Ciil Code on surnames: (2) To reccive support feum their patents, their ascendzots and in proper cases ther brothers and sisters im conforinity with she provisions af this Code on support, and (@) To be entitle to the leisime and other successional sights granted to them by the Civil Code, [Note:The lepime of esc legitimate childs hall of the paren’ estate divided by the namber of legitimate children (Are 888, New Cail (Code) while in ncestatesvecession, legitimate cadren inherit equally (wr ‘upua) without distinction as to age oF ses, and even 1 they sping stom ifferene masringer (Act 979. id)4. Whar are the Fights of ilegitimate children under Philippine law? [Art 176 of the Family Code provides that legitimate children nave the sights (1) To use the surname of the mother: (@) Ta be under the parents? authority of dhe mother; {@) Te support in conformigy wath this Code, (d) To the legitene, which s one-half of he legrime of 3 legitimate chil. Remember that under the new Rep. Act No. $255, illegcimate childeen may now use the susname of the father “if thet affliaoon has been expressly recognized by the father theough the record of birth appearing inthe civil register Gr when ap admission in 3 public document ‘Or private handwatten instruments made bythe fae?” dusing the laters tewone 5, What law governs the rights and duties between parent and child? (4) If the child is legitimate ne determined by the above rules, ‘ether the common personal ln of the parents, ofthe personal law of the father ifthe parents arc of diferent nationalties, governs. Rabe.) () If the ch is tepimate ae determined by the above rules, the pecsonallaw ofthe mothers decisive, unless the chilis subsequenty recognized by the father, in which case the rules on lepitzmate chidren ‘ll be applied (abel, cl) (© ln diePhilippincs again since we follow she nationality deoty, the law of the mother governs ifthe childs ilegimate, unless the child js again recognized by the father, in which case the personal law of the father (whether its the same asthe mother) applies. 6. What is meane by the doctrine of immutability of status “This doctine menns tha the stanas ofa child (whether legitanate ft ilgitimate) isnot affected by 2 sobsequent change of nationality of the parents, Bu the rights and duties oF pareat and child, or child and parent, would, siter the parents" change of nationality, be governed by {he new national Iw of the parents (Rabel, id, pp. 606-607) B. LEGITIMATION 1. What are the conflicts rules on lec Wow of children? “Leginmation” is « process whereby childken who in Face were noe born in lawful wedlock and shothd, dheelore, be ordinal considered dlepiimnace chidzen ate, by Fetion of law and upoa enmplisiee wath certain legal requirements, regarded by law a8 "legiimate”, it being supposed that dhey were boar: afer thet parents hal lzendy been vali smaried (1 Montesa 350}. In Conflice of Laws, che squisites of lpitimation are geneelly ‘considered thove prescribed by the national lnw ofthe parent an if the Ibater have diferent national nw, the nxcional law of the father (Rabe, id p. 375) In countcies fllawing the domiiiary theory, however, the [petsonal low being the lw of the domicile the law of the domicile of the parenta of, 2 peoper cates. the law of the domicile of the father, should govern 2. What is the inteznal law of the Philippines on legitimation of chiléren? (Ouringemal le on legitimation of eileen tx ound in Arts 177 10 182 of the Family Code Under Art. 177, the following eequiites must concur in order thoe «child may be legitimated fa) The dad was comcetved and oem outside Iw wedlock, (b) The parents, ae the ume of the childs conception, were not dsquabiied by any impediment to marry exch other Note: the aditions! requicement under Ax. 270 of dhe New Civil Cade that the parenta must have acknowledged the child Birt be fore or afer thc marriage, no longer necessary under the Fanaly Code, Ibeenie tis Code us deleted zecngnition of nara children and aleendy confers on legitimate and llegitmace cildcen dhe stra atthe moment ‘oF bath, Chldeen the fill under Ar. 177 ofthe Family Code are, there for, ju fast leirnted upon te subsequent marsiige ofthe parents ‘no matter how long 2 period of tine has elapsed fom the birth of sad [chieen to the time of the mnastings of thei parent= {See alr comments by ths sine author on At. 177 19189 of dhe Family Code ia hes “Handbook eo the Faas Cade of the Phiippnes” 3. If the personal law of the parents, or of the father ia proper ‘cases, changes, is the legitimation of the child affected? No, because leitimation creates permanent statis of the chill ko thie staat ia gamatable: However, che rights and duties of parents and legitimated childcen may te modified by a change of the personal aw of the pares or ofthe father a the cate ny be ‘The immutabliy of the status of a legitimated child ie very clear under Art 180 of the lsmly Code which provides that “the effects of lepitimation shall retroaet to dhe tne of te cls birth”. Aso, Ant 178 provides that “ee annulment of avoidable iserage shall not affect he Iegitmation’ 4. What are the rights of legitimated childeen under Philippine law? “They have diesamerights a leptinte children (Art 179), namely (1) To bear the surname of their ther and mother 2) To receive suppost ftom their pazents, ascendante, and in proper esses, their brothers and sstes; and (3) To the legtime and other svcccssional sights granted by law toa legitimate chil Note: In Dass Santos Luciana, 60 Phil 328 ss be that the legitimated daughter of 2 man ean inherit from the mas brother ae 4 legitimate niece ©. ADOPTION 1. What are the sources of the Philippine law on adoption? (@) Before the Family Code rook effect on August 3, 1988, oe law on adoption was PD 605 (the Child and Youth Welfare Cade), which expressly eepeale all the prowitions of the New Cast Code on adoption (0) PD 603 was Inter amended by Executive Order No 91 sipmed by formes Pres. Corazon Aquino on December 17, 1986 regarding nos: resident aliens wha were slowed ta adopr under PD 603, 6) Subsequentis. al the provisions af PD 63 and Executive ‘Order Na. 91 om substantive matters Were epealed by Tile VIL of the Family Code. Certain procedural provisions of PD 3 en adoption (Att 32 10 38) were aor, however, repealed bythe Family Code Under the Family Code, aliens were not allowed to adope an che Phutippines anymore except those referred ton Art 184 (3) thereof and nonresident aliens were slowed to adapé Fiipin huldees only wnder the lw on Inter Country Adoption (Republic Act No. 8043) whch we signed by former Pee. Fidel ¥- Ratios on June 7 1995 Under this les the option proceedings are to be becin the home country of the adopters (4 Soil later, on Febeusey 25, 1988, former Pres. Ramos signed Republic Act Na. 8352, otherwise keown az the "Domestic Adopeon Act of 1998, amending many provisions of the Family Code on ‘omentic adoption 2. State the concept and sationale of adoption. (9) The old deBiniion of adopts in dhe Partisan te itt “the et whereby one person ie xeceived ae the offrpring of anchor alzhough fee not such be manate” “This defininon wnt bated on dee theory that aduptin is mail for the benefic of the adapter, vo tit thore who have no chien oF Ihave los them, may have the solace and ors of parenthood, sad thatthe ‘void which exists in childless hoones may be Ged (Ye «Repub, 95 Phi 248, () The sanonle of adoption has, bowever, changed, and 8 snow consnicsed mone for the benefit ofthe child than For the adopter, Sod porswant to che modeen tn, has been eld that adoption does dnot merely establish relationship of patemty and Sisco but 6 also a fet which endows the eld with legitimate statue (Pram x Repti, 8 Pal 5. “Adoption is thos pven soe and mors! purpose: that i 10 extend to the oxplian oto the child af the indigent, the sneapacieated oFshe sck he protection of sortety in the peran of the adopts” (olentin, Gil Ceate a the Phi, 624, 13. What law determines whether the rel ipeen created or now? jonship of adoption has 9) The eile personally 0 protect his well-being. {0) Ifthe child docs noc zeside ia the country af his citizenship, ‘he personal law of the adopter wil govern, oF the personal law of the adopter and dha of the child wil be applied coneserenty 4. What law determines the legal effects of the adoption? “The legal effects of the adoption ate determined by the samme lay that created ie relionship of adoption “The Ing effects tha flow from the adoption ar: {Tae suecessional rights of the adopted eh {h} The parental authority of the adopter over the adored chit, {e) Teste bp the adored child of the surnaine of the adopees 5. An important problem in adoption in the Philippines is whether aliens can adopt in our country, What ix Philippine law on the fa) As std in the diseursion oF Question No. | hereo while fhe Civil Cade uF dae Phibppines dia nor allow non resident sens 10 dope, PD 603 brazed the Chil Code procisions on adoption and allowed even non-zesident aliens to come to the Paiippaes and adopt fu ealdees: here {b) The Family Code, however, became stict in adoption of sensi the Phiippince beesuse of reports received by the Comantee that drafted the Code (of which this author was 4 membes) that ome Filpino children adopted Iv aliens anel brougist bythe later to thetr home countries sPleced csioisl and perenologin! shock and could not justo their new lives ia the freien countries f thee foregn adopters Also, information sts received that wld alien pedopiiles, after having been allowed to adopt Filpino childeen ste Philppiner, would, after binging sie chikren to thea home coustrcs. sap abandon thew cl “deen after they had satisfied their sexual cesarexon them. There were even alleged cates of Filipino childeen wha, after having been adopted by Foreiynes, were hed for onan transplants in dhe foreign homer oF eee adopters Hence, the Commattee breed that by liming adoption of Filipino children by abies o former Flipine citaens (and/or thet Spouees) related by biond to the adopted children, the inter would be piven some mensuce of protection by the adopters who are these relanives by commanguini, (© Republic Act No. 8552 othe “Domestic Adoption Act of 1998" agai allows aliens (who ace not former Fipino citizens) to adap in our country, provided: (1) They have the same qualifications as those requited of Filipino citizens (See See. 70), Rep. Act 8552}, @ Ther coontaes lave diplomnase relations wi oureownty, {@) Theyhave been living inthe Philipines foe at eas three {3} year prot to the Fling ofthe petition for adoption, snd mints rich recidencetunt the adoptson deerce te (They hive been certified by their diplomasc oF consular offices or by any appropsate government agency that they Tnae de gal capac to npr in dete on connie and (G) The governmentallown the adopted child to enter their countsy ar their adopted child (See 7b}, Rep. Act 8552) (@) As for the fttowing sens ) A former Filipino clizea who seeks to adope a relative ‘within the 4th degree of consanguinity oF affine: oF (@) One who seeks to adopt the legiimate son of daughver of his or ber Filipino spose: o& {6} One who is married to a Filipino citizen and seeks 10 {ops jouily woe bis or hee spouse a celtive within the Ath gree of consangiinty oF affinity of dhe Filpino sproure: the same See. 110) of Rep. Act $352 prowicer sha they eee ‘not comply with the residency in the Philippines reqszed of teal liens and de also need nor ibm »cerutieton that they hve the eapneite ro adopt from dhe diplomadc oF ‘consular office of thir country in the Phulppines or any ‘tes government agency Note, however that the special Kinds of alin enumerated abowese eeqired to be related tothe eid 0 be adopted sein the 4th depree oF coneangeinine or affiury Ar. IRS of the Fasnlt Code which the above prorision of Rep. ct R552 amencs dia not limit the degree of consanguinity berweer the adoptee and ndopree il. On the ore hand, Sec. 7(b) of Kep. ct 8552 snchudes caldeen related within the 4th deyeee of affinicy eo use adopang parent, which relmonship of affine wis not ineluded in Art 18M of the Fam Code, Tis author cangor understand, though, whe Rep. Acc AB52 in the above provision limite the degree of selatimsno by consanguinity of the adopter and the opted eld only tne th degeee. This means that *former Filipino would nat be able to adopt the child of his ox her fest cousin (th degree) ar his or her second cousin (6h degree). Since the important consideration here the love aad protection that relative by blood. who is now analien can give tothe child once the later = brought ro the adopcees foreigm heme, sis imimaternl how close they ace related by blood, 6, The cases of Republic « GA. and Hughes, 227 SCRA 40h, a Republic ¥. Judge Toledano, GR. 98147, June 6, 1994, decided by the Supreme Court, denied the joint petitions for adoption filed under the Family Code by former Filipino wives, now American citizens, and theis American husbands, because what the Family Code only allowed wae joint adaption by Filipino citizens and their aliens spouses, Are these decisions still good uades Rep. Act 88527 [No more if the aliens husbands of former Filipino waves can ‘comply with dhe sequirements for aien adopters under Se.7 (6) of Reps Act 8552 Bur, Rep. Act 8552 ail eequires that husband and wife mast Jointly adopt, whieh jane adoption was alo reguited by the Fars Code, except when one spouse stcks 0 adopt his of her oxen illeramate child, or when one spouse vel to adope te eyiinate chill oF the other spouse (rt. 185, Family Cod). Republic Act 552 adds that casee where the spouses ar legally separated (Act 7, sec. pac, sub. par {ii}. The husband or she wife eam adopt alone, and the consent of the other spouse wo an adopuon filed by one spouse «no longer necessary 7. What ate the legal effects of adoption under Philippine an? Rep Act 8552 enumerate the yale of adepuom as follows 1) Allg tes Berween the biolomal parent /parens ns the adopted dd ae fevered the sre shall be vented ih the adapt isopters, except in cates where the biologie patente the spouse of the dope In other words, parental authority over the adapeed cul is tonanesred tothe adopter (2) The adopted child shal be consieted for al intents and purpose to be the legate child ofthe adepeer/adopters, and ae such Ie entied coal the apts and obigasons prowded by ln to legeamate ‘tulen, (5) An egal nd inestateseccession, the adopter/adoptese nd the adopted chi shal have reaprocs nghis of succession without CGeuncion hoenlepiate ation, Tetrentar socemston vl however, ppl i the adopt cid and the adopter or adeprer had Le» will. (Secs 16, 17,18, Reps Aer 8553), 1. These are still other impornt pointe wo remember regatding. the matuce af adoption ia the Philippines law; namely: (1) Adoption proceedings nour country ae ways jaicind mad om. publication is require as constructive notice of the petition for adoption tothe whole world ince adoption erestes stats 2) Since there can be no valid adoption without cour decree granting the ime, 4 meze agreement of adoption berween the doprers othe paeot of the chad ie noes valid adoption Sonar Vg Repw- Uh. 98 Ryp 249, oor the fact thatthe chi ad been adopted de fat ‘dampon) bs the ange adopting tet Latins Jar Cap 92 SCBA 250), (6) Neiherss the mere septation ofthe clin the cis registry ts the cul of the adopter a vad adoption. This even amounts tothe Crime of tmolation of bath panibable by prcay maori the medium period, and a ine not enced PSU,GO000 (See 21). Rep. Act 8552}. (The capacity and sight ofthe adopter w Gea pestion for adoption, ae governed the win force athe une the petiion sled, tnd cannes be pie by anew nw cngulfing him or her for adopon(Repub: CA. and Babi, GR 92326, 24 J. 1992; Ren Mil, GR 125957 Api 1.1980, 9, Should we inthe Philippines recognize a foreign decre of adoption? ‘While tere n0 provision of law nor ursprudence expressly equi the Philppines wo recognize a foreign decree of adoption, iis beteved that under Sec. 48 of Rule 39 ofthe 1977 Rules on Can Proce, ‘we can recognize such foreign decree af adoption provided the foreign ‘court had jurisdiction to render sad decre; and that there wis no want ‘of notice, collision, extn rd, ler iste of lwo fact lading to the foreign deere of adoption “Thi ie particulary vei both the adopter and the adopted child ‘ce axonal domi ofthe foam that desea the adoption (Rabel, i, p. 697) 10. Does adoption confer on the adopt the adopter? child the citizenship of [No,adoption es not confer an the spted dd the cienship of the adopter Adopticn ca matter politcal. andl not cel in nature, and the ways ia which sc should be coafered lay outside the ambit of the (Chl Code (Lig Lirdamond Thro Republi. 12 SCBA 400; ala Ching Lang: Galan, 111931, 27 Ot 1958