02/06/2025
SC: Nananatiling lehitimo ang mga anak kahit mapawalang-bisa ang kasal ng mga magulang dahil sa psychological incapacity
GR No. 272006
Republic vs. Tangarorang
The (SC) has reiterated that the children remain legitimate even if their parentsโ marriage is later declared null and void due to psychological incapacity.
In a Decision written by Associate Justice Jhosep Y. Lopez, the SCโs Second Division modified the ruling of a Regional Trial Court (RTC) that declared a child illegitimate following the nullity of her parentsโ marriage.
The child was born several months before the couple got married. During the marriage, the wife experienced physical, emotional, and verbal abuse from her husband, who himself struggled with alcohol addiction, gambling, and infidelity.
This prompted the wife to file a petition to nullify their marriage, which the RTC granted, declaring the marriage void due to the husbandโs psychological incapacity.
However, the RTC also declared their child illegitimate since she was born before their marriage, and her birth certificate did not show she had been legitimated.
The SC affirmed that the marriage was void, but ruled that the child remains legitimate.
The general rule is that when a marriage is nullified, the child is considered illegitimate from the time they were conceived.
However, the ๐๐ข๐ฎ๐ช๐ญ๐บ ๐๐ฐ๐ฅ๐ฆ 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 emphasized that once a child is legitimated under the ๐๐ข๐ฎ๐ช๐ญ๐บ ๐๐ฐ๐ฅ๐ฆ, there is no legal basis for changing their status back to illegitimate. Allowing this would go against the lawโs intent to protect the childโs best interests.
Read the full text of the Press Release at https://tinyurl.com/4yrkc82r.
Read the full text of the Decision at https://tinyurl.com/c673ywxs.
Read the Concurring Opinion of Senior Associate Justice Marvic M.V.F. Leonen at https://tinyurl.com/mrx3swc7.
Copying of this content is subject to the SC PIOโs Credit Attribution Policy: https://sc.judiciary.gov.ph/credit-attribution-policy/.
