Dear PAO,

My daughter was born before my marriage to my wife, but she was legitimated as a consequence of our marriage. Unfortunately, as the years passed, we experienced a steep decline in our emotional connection. In one of our daily regular tiffs, she disclosed her intent to nullify our marriage. I also heard from her conversation with someone helping her that they will establish that I am psychologically incapacitated. She also revealed her intention to have our daughter declared illegitimate assuming the intended petition will be granted, because by doing so, parental authority over our daughter would automatically belong to her. She believes that there is a legal basis to change the status of our child because the latter was born before our marriage. I do not want to lose parental authority over my daughter. Assuming her petition is granted, would that affect the legitimate status of my daughter?

Ferodo

Dear Ferodo,

Your wife’s assumption is apparently anchored in Article 165 of the Family Code of the Philippines, which provides that: “Children conceived and born outside a valid marriage are illegitimate, unless otherwise provided in this Code.”

The aforestated provision of the law, however, is immaterial to your situation considering that your marriage has elevated the civil status of your illegitimate daughter to legitimate. It is more appropriate then to apply Article 54 of the same law, assuming your wife is able to secure the severance of your marriage based on psychological incapacity. Under the said provision of the law:

“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. Children conceived or born of the subsequent marriage under Article 53 shall likewise be legitimate.”

Moreover, the relegation of the status of a child from legitimate to illegitimate will not serve his or her best interest. On this score, the pronouncement in the case of Republic of the Philippines vs. Spouse Tangangorang, G.R. No. 272006, February 5, 2025, penned by Associate Justice Jhosep Y. Lopez, is very enlightening:

“It would also not be amiss to point out that the Family Code does not provide for a scenario where a legitimated child may revert to illegitimacy. This is keeping with the principle that a legitimate status is more favorable to the child. Considering that in the eyes of the law, the legitimate child enjoys a preferred and superior status, the law protects the presumption of legitimacy, which is based on the broad principles of natural justice and supposed virtue of the mother. The presumption is grounded on the policy to protect innocent offspring from the odium of illegitimacy. It would thus be absurd to relegate children to the status of illegitimacy, when they are already enjoying the rights accorded to legitimated children. To entertain such a situation would be anathema to the intent and purpose of the law in prioritizing the best interests of the child.”

Applying the above-quoted decisions to your situation, relegating the status of a legitimated child to illegitimate, so that your spouse will have exclusive parental authority over your daughter has no legal basis. This intention is looked upon with disfavor because it will not serve the best interest of the child. Remember that in all issues affecting a child, his/her best interest is the paramount consideration. A legitimate status is more favorable for a child because he/she enjoys a preferred or superior status as compared to an illegitimate or non-marital child.

We hope that we were able to answer your queries. This advice was based solely on the facts you have narrated and our appreciation of the same. Our opinion may vary when other facts are changed or elaborated.

We appreciate your trust and support.

Editor’s note: Dear PAO is a daily column of the Public Attorney’s Office. Questions for Chief Acosta may be sent to [email protected]