SC rules on children's legitimacy despite nullity of parents' marriage

The Supreme Court (SC) has ruled that legitimated children or those born before the marriage of their parents retain their legitimacy status even after the nullity of their parents' marriage.

- By REY G. PANALIGAN

The SC declared: "Once a child is legitimated under the Family Code, there is no legal basis for changing the status back to illegitimate. Allowing this would go against the law's intent to protect the child's best interests."

It stressed: "There is no substantial distinction between legitimate and legitimated children for purposes of determining the legitimacy of children of marriages later declared void under Article 36 of the Family Code."

"A declaration of nullity of marriage based on the psychological incapacity of one or both spouses under Article 36 should not affect the status of the children in accordance with Article 54 of the Family Code," it pointed out.

The ruling was contained in a decision that modified the order of a regional trial court (RTC) that declared a child illegitimate following the nullity of her parents' marriage.