Dear Atty. Angela,

Our son was born several months before my ex-husband and I got married. Even after we got married, there was no formal annotation on our son’s birth certificate. During our marriage, I experienced physical, emotional, and verbal abuse; while my ex-husband struggled with alcohol addiction, gambling and infidelity. I filed a petition to nullify our marriage, presenting evidence of abuse and a psychological report where my ex-husband was diagnosed with narcissistic personality disorder. The Regional Trial Court granted the petition and declared the marriage void due to his psychological incapacity. However, it also declared our son illegitimate because he was born before marriage, and his birth certificate did not show he was legitimated. Is this correct?

Stella

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Dear Stella,

No, your son’s legitimate status shall remain in accordance with Family Law.

Article 54 of the Family Code states that: “Children conceived or born before the judgment of annulment or absolute nullity of the marriage under Article 36 has become final and executory shall be considered legitimate.” As provided under Article 54 of the Code, children who were conceived or born during the existence of a marriage are considered legitimate, and this status of legitimacy will not be affected when a judgment of annulment or absolute nullity of the marriage under Article 36.

In the recent case of Republic of the Philippines v. Spouses Tangarorang, G.R. No. 272006 (2025), the Supreme Court affirmed that the marriage was void but ruled that the child remains legitimate. Generally, when a marriage is nullified, the child is considered illegitimate from the time he/she was conceived. However, the Family Code allows exceptions, such as when the marriage is nullified due to psychological incapacity. This applies whether the child was born before or during the marriage.

The SC added that a missing annotation on the birth certificate does not affect the child’s legal status. “The formal requirement of annotating the legitimation is a mere administrative procedure which cannot impair substantive rights.”

It also emphasized that once a child is legitimated under the Family Code, there is no legal basis for changing their status back to illegitimate. Allowing this would go against the law’s intent to protect the child’s best interests.

Atty. Angela Antonio