Practice question
At the child's conception, the father was in a valid subsisting marriage to another person. The parents later marry validly after that prior marriage ends. They argue that any later parental marriage automatically legitimates every child, regardless of the impediment at conception. No special law alters the stated rule. Which answer is correct?
- The prior subsisting marriage is not the sole-age impediment admitted by amended Article 177, so later marriage alone does not establish eligibility
- Every later marriage automatically eliminates every original impediment for legitimation
- RA 9858 includes every kind of impediment
- The child's surname alone cures the issue
- Only the number of years of cohabitation matters
Legal references
- Family Code Articles163–180: https://lawphil.net/executive/execord/eo1987/eo_209_1987.html
- RA9255 amending Article176: https://elibrary.judiciary.gov.ph/thebookshelf/showdocs/2/277
- RA9858 amending Articles177–178: https://elibrary.judiciary.gov.ph/thebookshelf/showdocs/2/17263
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