Dear PAO,

The father of my friend was born in 1958. The parents of his father were only married in 1959. In all the school and employment records of my friend’s father, he used the surname of his father. Recently, they found out that the surname of my friend’s father in his birth certificate is the maiden surname of his mother. They want to process for the legitimation of his father. The problem is that the father of my friend’s father has already passed away in 2006, though the latter’s mother is still alive. I would like to know if legitimation may be effected by the mother alone, considering that the father has already passed away. If yes, what are the requirements necessary for such process? Thank you.

Kinni

Dear Kinni,

Our laws provide that only children conceived and born outside of wedlock of parents who, at the time of the conception of the former, were not disqualified by any impediment to marry each other may be legitimated (Article 177, Family Code of the Philippines). In the situation of your friend’s father, it is essential to first ascertain whether or not his parents could have legally contracted marriage at the time he was conceived and born in order to determine whether or not he may be legitimated. If there was no legal impediment for his parents to marry each other at the time he was conceived and born, then it may be said that he can be legitimated.

Assuming that the parents of your friend’s father were lawfully qualified to marry each other at the time your friend’s father was born, but for one reason or another they did not enter into the contract of marriage, and he wants to apply for the registration of his legitimation, it is necessary for him to submit the following documents to the City or Municipal Civil Registrar’s Office where his birth was recorded: (1) Certified true copy of his birth certificate; (2) Affidavit of paternity or acknowledgement; (3) Certified true copy of his parents’ marriage certificate; (4) Certification of registration of legal instrument; and (5) Joint affidavit of his parents containing the following facts: i) names of his parents; ii) that at the time he was conceived, his parents could have contracted marriage, and subsequently did so; iii) date and place of the solemnization of the marriage; iv) name of the officer who officiated the marriage; v) city or municipality where marriage was recorded; vi) the name of your friend’s father who wishes to be legitimated, and other facts of birth; vii) date and place where his birth was registered, and viii) the manner by which the child was acknowledged by his parents which may be in the child’s record of birth, in a will, a statement before a court of record, or in any authentic writing.

Considering that the father of your friend’s father has already passed away, he may be unable to submit the required affidavit of paternity or acknowledgement as well as the joint affidavit above stated, unless such documents were executed by his parents prior to his father’s demise. If his parents did not execute said documents, he may consider submitting, in addition to his birth certificate, a certified true copy of his father’s death certificate, his father’s Statement of Assets and Liabilities where he is declared as his dependent, his father’s Social Security System records, Government Service Insurance System records, Philhealth records, Insurance records, and Income Tax Return of his father where he has been declared as his father’s beneficiary. Should the City or Municipal Civil Registrar find his documents satisfactory, he may be allowed to have his legitimation registered.

We hope that we were able to enlighten you on your concerns. Please be reminded that this advice is 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.

Editor’s note: Dear PAO is a daily column of the Public Attorney’s Office. Questions for Chief Acosta may be sent to This e-mail address is being protected from spambots. You need JavaScript enabled to view it. .