mrs_scofield wrote:Based from your facts, yes your boyfriend is an illegitimate child.
Under the law, the following are considered illegitimate children:
1. Children born to couples who are not legally married or of common-law marriages;
2. Children born of incestuous marriages;
3. Children born of bigamous marriages;
4. Children born of adulterous relations between parents;
5. Children born of marriages void for reason of public policy under Art. 38 of the Family Code;
6. Children born of couples below 18, whether they are married (which married is void) or not; and,
7. Children born of other void marriages under Art. 15 unless otherwise provided. (OCRG Cir. No. 89-13 dated July 17, 1989)
A bigamous marriage or marriage contracted by parties who both or either one of them has an existing previous marriage is null and void under Article 35 of the Family Code, to wit:
“The following marriages shall be void from the beginning:
(4) Those bigamous or polygamous marriages not failing under Article 41;
In relation thereto, Article 41 of the Family Code provides that a subsequent marriage is valid despite existence of previous marriage if the spouse of one or both of the parties to such subsequent marriage has been absent for four consecutive years and the spouse present has a well-founded belief that the absent spouse was already dead. The spouse present, in this case, must institute a summary proceeding for the declaration of presumptive death of the absentee for the purpose of contracting the subsequent marriage without prejudice to the effect of the reappearance of the absent spouse. Absence of which, the subsequent marriage is bigamous.
An order from the court declaring a bigamous marriage as null and void is still necessary. Parties to a marriage should not be allowed to assume that their marriage is void even if such be the fact but must first secure a judicial declaration of the nullity of their marriage before they can be allowed to marry again (Domingo v. CA, G.R. No. 104818, 17 September 1993). But don't do this yet because this will trigger a bigamy case against the father.
To your question if his father can be charged with bigamy, the answer is yes unless his situation was as mentioned in the preceding paragraph.
Since kamo all his personal documents except his Birth Certificate bear his father's surname, he can still register his name using his father's surname.
I would assume that your boyfriend was born prior to the effectivity of the Family Code on August 3, 1988 and that his father did not sign the Affidavit of Acknowledgement/Admission of Paternity at the back of his Certificate of Live Birth.
In order for your boyfriend to be able to record his name with his father's surname in his Certificate of Live Birth, here's what he needs to do:
Under the IRR of RA 9255 (An Act Allowing Illegitimate Children to Use the Surname of their Father, Amending for the Purpose, Article 176 of Executive Order No. 209, Otherwise Known as the "Family Code of the Philippines") --
1. he (I am assuming that he's of legal age) may -
a) file an Affidavit to Use the Surname of the Father (AUSF) executed within the Philippines with the Local Civil Registry Office (LCRO) where he was born, if birth occurred within the PH;
b) if the AUSF was executed outside the Philippines, at the LCRO of Manila, if birth occurred within the PH;
c) Whether the AUSF is executed within or outside the Philippines, shall be filed with LCRO of Manila, if birth occurred outside of Ph
2. His application should be accompanied by:
a) a Certificate of Live Birth with accomplished Affidavit of Acknowledgement/Admission of Paternity at the back;
b) The Affidavit of Recognition executed by the Father such as the Affidavit of Admission of Paternity or the Affidavit of Acknowledgment;
c) other supporting documents (e.g., the documents you mentioned where he used his father's surname pwedeng Baptismal Certificate, etc...)
3. The AUSF shall be registered within 20 days from the date of execution at the place where the birth was registered. Otherwise the procedure for late registration shall be applied.
Now, the counting of the 20 days shall reckon from the date of notarization. So for example, his father executed the affidavit today, July 3, 2015 and notarized also today July 3, 2015, the AUSF should be filed on or before July 23, 2015 otherwise he will file for late registration.
So my advice is have the date of the document blank first (date of signing, date of notarization) until you already have completed all other required documents para hindi mag-run ung prescription period.
Now the AUSF shall be recorded in the Register of Legal Instruments. Proper annotation shall be made in the Certificate of Live Birth and the Register of Births as follows:
"Acknowledged by (name of father) on (date). The surname of the child is hereby changed from (original surname) to (new surname) on (date) pursuant to RA 9255."
After that he can now request for a certified true copy of his Certificate of Live Birth with the foregoing annotation and this is the copy which you will submit to process your papers for your marriage.
Disclaimer: The legal advice provided herein is only the legal opinion of the author and cannot substitute for the advice of a licensed legal practitioner. The author cannot take any responsibility for the results or consequences of any attempt to use or adopt any of the information or disinformation presented on this website.
Nothing in the author's legal opinion should be construed as an attempt to engage in the practice of law.
meron na kame lahat ng requirements, magffile nlng nlng ng Affidavit to Use the Surname of the Father, if tama pagkakaintindi ko, magkaiba ba yun sa Affidavit of Legitimacy na pinafile samin ng civil registrar?here's the requirements na pinapakuha samin.
1. Birth Certificate (local and NSO) -
2. Marriage Certificate of Parent (NSO Copy)
3.CENOMAR (both parents) na hindi nmn namin maippresent kc nga bigamous marriage.
4. affidavit of legitimacy.
magKaiba yung affidavit of legitimacy sa AUSF , . kung tama intindi ko hindi na namin need ipasa yung requirements na pinapadala samin. yung mga sinabi mo yun nlng yung dadalin namin?
1. a Certificate of Live Birth with accomplished Affidavit of Acknowledgement/Admission of Paternity at the back; - nakasign naman sa birth certificate yung father niya.nakalagay is Not married but was acknowledge by his father. kaya lang ang hindi ko maintindihan naka lagay sa lasname nya is yung sa mother nya tapos wala syang middle name. pwede ba namin ipresent yun?
2. The Affidavit of Recognition executed by the Father such as the Affidavit of Admission of Paternity or the Affidavit of Acknowledgment; - eto po ba yung ipapanotary namin? father lang po diba no need na yung mother nya?
c) other supporting documents (e.g., the documents you mentioned where he used his father's surname pwedeng Baptismal Certificate, etc...) - Meron nmn sya baptismal, pwede din ba ipasa yung mga diploma ? and government ID's?
Salamat ng madami! ang laki po ng naitulong nyo.
Yung inadvise nyo na process will not make my bf legitimate child dba? acknowledgement lng para magamit nya apelyido ng father nya?? , saka na namin poproblemahin yung sa legitimation basta maayos lng apelyido nya. Salamat talaga po.
one more thing, gagastos po ba kame ng malaki sa process na to?