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I do not agree with the suggestion of Husband and Wife in filing a

petition for adoption since Maria Clara is their biological daughter. The
proper remedy is a Joint Affidavit of Legitimation pursuant to R.A. No.
9858 since Maria Clara was born out of wedlock solely by reason that Wife
was still a minor at the time of conception and no other legal impediments
to marry each other are present. Legitimation of Maria Clara is available
since Husband and Wife are now validly married.

Please see below for the Legal Form of Joint Affidavit of Legitimation.
JOINT AFFIDAVIT OF LEGITIMATION

WE, HUSBAND and WIFE, both of legal age, Filipinos, husband and
wife, respectively, and presently residing at #96, Central Guisad, Baguio
City, Philippines, after having been duly sworn to in accordance with law,
depose and state:

1. That we are the biological parents of Maria Clara.

2. That out of our union, Maria Clara was conceived and born on 21
February 2000 at Baguio General Hospital, Baguio City, registered in
the Local Civil Registrar of Baguio under civil registry number 42069
on 26 April 2000 (copy of the Birth Certificate is hereto attached as
Annex “A” and shall from an integral part hereof);

3. That the civil status of Maria in her birth certificate was entered as
illegitimate since we were not yet married when she was born since
WIFE was still a minor at that time and no other legal impediments
are present except for such minority;

4. That subsequently on February 14, 2010 in Central Guisad, Baguio


City, our marriage was solemnized by the priest of our church which
we are attending (copy of the Marriage Contract is hereto attached as
Annex “B” and shall form an integral part hereof);

5. That we are executing this Affidavit to attest to the foregoing facts,


for the purpose of complying with the requirements in applying for
the legitimation by subsequent marriage of our daughter pursuant to
Republic Act 9858 otherwise known as “An Act Providing for the
Legitimation of Children Born to Parents Below Marrying Age amending
for the Purpose Article 177 of the Family Code of the Philippines, As
Amended”, and for all legal intents and purposes.

IN WITNESS WHEREOF, we have hereunto affixed our hands this


th
24 day of April 2021 in Baguio City, Philippines.

HUSBAND WIFE
Affiant (father) Affiant (Mother)
PRC ID NO: 12345 PRC ID NO: 67890
SUBSCRIBED AND SWORN TO before me, a notary public in and for the
city of Baguio this 24th day of April 2021, affiants exhibiting to me their
valid proof of identification.

Doc No: 024 ATTY. SYNZER KAPAWEN JR


Page No: 96 Notary Public for and in the City of Baguio
Book No: 31 Comm. Serial No. M.024
Series of 2021 Until Dec 31, 2020
Roll of Attorney No. 69420
IBP No. 14344, August 5, 2011/Baguio
PTR No. 965694, June 2, 2019/Baguio

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