Bonjour. Mabuhay.

I’m posting this information on legitimate children which is part of the frequently asked questions when it comes to NSO birth certificates. Hope this helps you in some way.

Next post will be on illegitimate children.

Who are legitimate children?
Children born after one hundred and eighty days following the celebration of the marriage, and before three hundred days following its dissolution or the separation of the spouses shall be presumed to be legitimate. (Art. 255, Civil Code of the Philippines)Children conceived or born during the marriage of the parents are legitimate.

Children conceived as a result of artificial insemination of the wife with the sperm of the husband or that of a donor are likewise legitimate children of the husband and his wife, provided that both of them authorized or ratified such insemination in a written instrument executed and signed by them before the birth of the child. The instrument shall be recorded in the civil registry together with the birth certificate of the child. (Art. 164, Family Code of the Philippines)

Is the child considered legitimate although the mother may have declared against its legitimacy?
The child shall be considered legitimate although the mother may have declared against its legitimacy or may have been sentenced as an adulteress. (Art 167, Family Code of the Philippines)

What are the rights of legitimate children?
Legitimate children shall have the right:

  1. To bear the surnames of the father and the mother,
  2. To receive support from them, from their ascendants, and in a proper case, from their brothers and sisters, in conformity with article 291, and
  3. To the legitimate and other succesional rights which this Code recognize in their favor. (Art. 263, Civil Code of the Philippines)

Does the practice of some Filipino Muslim of using the first name of the father as the family name of the children violate the provisions on the use of surnames?
Legitimate childhave the right to bear the surname of the father and of the mother. (Art. 62(a) of P. D. 1083 Code of Muslim Personal Law of the Philippines)The provisions of the law governing use of surnames were formulated in order to avoid confusion in the use of surnames, and to settle doubts on their proper use (Report of Code Commission, p. 51, cited in Tolentino, Supra, p. 271), we are unable to find any provision in the Muslim Code or the Civil Code which would authorize the use of the name as the family name surname of the children of Muslim parents, the purposes of registration, especially in accomplishing the Certificate of Live Birth (Mun. Form No. 102). Accordingly, unless the law is amended to reflect the alleged tradition or practice, the children should bear the family or surname of their father for registration purposes. (Opinion No. 112, Series of 1985, from the Minister of Justice Estelito P. Mendoza)