Practice question
At the child’s conception, one parent was validly married to a third person. That marriage later ended, and the biological parents subsequently validly married. A proper prejudiced party timely challenges legitimation based on the conception-time impediment. Does RA 9858’s age exception itself cure that impediment?
- No, the amendment’s exception is for disqualification only because of age below eighteen, not an existing marriage to another person
- Yes, every later marriage cures all earlier impediments
- Yes, recognition alone removes the earlier marriage
- Yes, the child’s surname determines eligibility
- Yes, the challenger’s rights can never matter
Legal references
- https://elibrary.judiciary.gov.ph/thebookshelf/showdocs/5/95173 — Family Code, Articles 174 and 178–182
- https://lawphil.net/statutes/repacts/ra2009/ra_9858_2009.html — RA 9858, amended Articles 177–178
- https://lawphil.net/judjuris/juri2023/feb2023/gr_250199_2023.html — Republic v. Boquiren, G.R. No. 250199, February 13, 2023
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