An Act Providing for the Legitimation of Children Born to Parents Below Marrying Age, Amending for the Purpose the Family Code of the Philippines, as Amended

H. No. 5279
S. No. 3111

Republic of the Philippines
Congress of the Philippines
Metro Manila
Fourteenth Congress
Third Regular Session

Begun and held in Metro Manila, on Monday, the twenty-seventh day of July, two thousand nine.

REPUBLIC ACT NO. 9858

Be it enacted by the Senate and House of Representatives of the Philippines in Congress assembled:

Historical edition. This page reproduces R.A. No. 9858, approved December 20, 2009, from the signed Senate copy. Its amending clause names only Article 177 of the Family Code, but the Act also sets out Article 178, under which legitimation takes place by a later valid marriage between the parents. Later, R.A. No. 11596, Section 6, made child marriage void from the start. R.A. No. 11909, Section 3, which made civil registry certificates permanently valid, is without prejudice to corrections under R.A. No. 9858.

SECTION 1. Article 177 of Executive Order No. 209, otherwise known as the "Family Code of the Philippines", as amended, is hereby further amended to read as follows:

"Art. 177. 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, or were so disqualified only because either or both of them were below eighteen (18) years of age, may be legitimated."

"Art. 178. Legitimation shall take place by a subsequent valid marriage between parents. The annulment of a voidable marriage shall not affect the legitimation."

SEC. 2. Implementing Rules. — The Civil Registrar General shall, in consultation with the chairpersons of the Committee on Revision of Laws of the House of Representatives and the Committee on Youth, Women and Family Relations of the Senate, the Council for the Welfare of Children, the Department of Justice (DOJ), the Department of Foreign Affairs (DFA), the Office of the Supreme Court Administrator, the Philippine Association of Civil Registrars (PACR) and the UP Law Center, issue the necessary rules/regulations for the effective implementation of this Act not later than one (1) month from its effectivity.

SEC. 3. Repealing Clause. — All laws, presidential decrees, executive orders, proclamations and/or administrative regulations which are inconsistent with the provisions of this Act are hereby amended, modified, superseded or repealed accordingly.

SEC. 4. Effectivity Clause. — This Act shall take effect fifteen (15) days after its complete publication in the Official Gazette or in at least two (2) newspapers of national circulation.

Approved,

JUAN PONCE ENRILE President of the Senate

PROSPERO C. NOGRALES Speaker of the House of Representatives

This Act which is a consolidation of House Bill No. 5279 and Senate Bill No. 3111 was finally passed by the House of Representatives and the Senate on October 13, 2009.

EMMA LIRIO-REYES Secretary of the Senate

MARILYN B. BARUA-YAP Secretary General House of Representatives

Approved: DEC 20, 2009

GLORIA MACAPAGAL–ARROYO President of the Philippines