This question was taken from a compilation of bar questions in Lex Libris. The answer is a product of my personal research, hence, only a legal information and in no way constitute a legal advice to those in similar situations.
Bar Question on Civil Law Year 2004:
RN and DM, without any impediment to marry each other, had been living together without benefit of church blessings. Their common-law union resulted in the birth of ZMN. Two years later, they got married in a civil ceremony. Could ZMN be legitimated? Reason. (5%)
ZMN could be legitimated. Art. 296 of Civil Code provides:
“Only natural children can be legitimated. Children born outside wedlock of parents who, at the time of the conception of the former, were not disqualified by any impediment to marry each other, are natural.”
The civil marriage seems to have a curative effect on the status of ZMN as legitimate child. Art. 270 provides the manner of how to effectuate legitimation, “Legitimation shall take place by the subsequent marriage between the parents.”
Also in Art. 178 of Family Code, “Legitimation shall take place by a subsequent valid marriage between parents. The annulment of a voidable marriage shall not affect the legitimation.”
(N.B. This post is by our contributing author, and does not necessarily reflect the views of the Forum or any of its members. You could also visit the Bar Exams forum.)
You may also want to read these related posts:
Bar Exams - the Agony of waiting for the results by Atty. Fred on October 7th, 2006
Know Your Lawyer by Atty. Fred on August 29th, 2006
2006 Bar Exams: Results out by Atty. Fred on April 2nd, 2007
With due respect, the NCC articles you cited were already amended by the Family Code (E.O. No. 409), viz :
Art. 177. 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 impediment to marry each other may be legitimated. (previously art. 269 of NCC, not art. 296 as you inadvertently wrote)
Art. 178. Legitimation shall take place by a subsequent valid marriage between parents. The annulment of a voidable marriage shall not affect the legitimation. (previously art. 270 of the NCC)
Here’s the repealing clause of the Family Code.
Art. 254. Titles III, IV, V, VI, VIII, IX, XI, and XV of Book 1 of Republic Act No. 386, otherwise known as the Civil Code of the Philippines, as amended, and Articles 17, 18, 19, 27, 28, 29, 30, 31, 39, 40, 41, and 42 of Presidential Decree No. 603, otherwise known as the Child and Youth Welfare Code, as amended, and all laws, decrees, executive orders, proclamations, rules and regulations, or parts thereof, inconsistent herewith are hereby repealed.
Erratum : E.O. 409 should be read E.O. 209
Dex, this is among the reasons why some bar examiners say that it’s better to state the law or jurisprudence, rather than stating the exact Article No., RA No. or case title. Even if the content is correct, you’ll get deductions (or even zero point) just for a mistake in the citation. Thanks, Lito, for pointing out the error.
Thanks for the correction sir.
dex