Legitimation of Children Born Out of Cohabitation



JOINT AFFIDAVIT OF LEGITIMATION


WE, GILLES R. CRUZ and ANNA L. CAPIZ, both of legal age, Filipinos, husband and wife, respectively, and presently residing at _______________________ after having been duly sworn to in accordance with law, depose and state:

1. That we had lived together as husband and wife without the benefit of marriage as contemplated by the New Civil Code of the Philippines;

2. That out of our union, a child named Belinda Capiz Cruz was conceived and born on 24 August 2012 at Manaoag, Pangasinan registered in the Local Civil Registrar of Manaoag, Pangasinan under civil registry number 08858 on 26 August 2012 (copy of the Birth Certificate is hereto attached as Annex “A” and shall form an integral part hereof);

3. That the civil status of Belinda in the birth certificate was entered as Illegitimate for the reason that when she was conceived, we were single but were so disqualified to marry each other only because Anna L. Capiz was below eighteen (18) years of age;

4. That subsequently on _____________ in Sta. Maria, Bulacan our marriage was solemnized by the mayor of said municipality, Hon. ______________, at his Office (copy of the Marriage Contract is hereto attached as Annex “B” and shall form an integral part hereof);

5. That we are executing this Affidavit to attest to the foregoing facts, for the purpose of complying with the requirements in applying for the legitimation by subsequent marriage of our daughter pursuant to Republic Act 9858 otherwise known as “An Act Providing for the Legitimation of Children Born to Parents Below Marrying Age amending for the Purpose Article 177 of the Family Code of the Philippines, As Amended”, and for all legal intents and purposes.

IN WITNESS WHEREOF, we have hereunto set our hands this ___________________ in _______________, Philippines.

______________________________________________

Affiant (Father)

Philippine Passport No. __________________

Issued at: ________________

Issued on: ________________

______________________________________________

Affiant (Mother)

Philippine Passport No. __________________

Issued at: ________________

Issued on: ________________

What is the legitimation and who can be legitimated?

  1. Legitimation is a remedy by means of which those who in fact were not born in wedlock and should, therefore, be considered illegitimate, are, by fiction, considered legitimate, it being supposed that they were born when their parents were already validly married. (1 Manresa 550, as cited on p. 251, Handbook on Family Code of the Philippines, Alicia V. Sempio-Diy).
  2. 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 impediments to marry each other, may be legitimated. (Art. 177, Family Code)