Are Children Legitimate After an Annulment or Nullity?

Article 54 is short:

It covers three groups of children:

1. Children of a marriage that is annulled (a voidable marriage under Article 45), conceived or born before the judgment becomes final.
2. Children of a marriage declared void for psychological incapacity under Article 36, conceived or born before the judgment becomes final.
3. Children of a new marriage of a former spouse, contracted after the judgment and the other requirements were recorded as Article 53 requires.

The key moment is when the judgment becomes "final and executory", not the date the case was filed. A child conceived while the case is still pending is in the same position as a child born years before.

Article 54 names only the cases above. It does not mention marriages void for other reasons, such as no marriage license or a bigamous marriage. For those, this page does not extend Article 54.

Two other articles set the general rules. Article 164 says "Children conceived or born during the marriage of the parents are legitimate." Article 165 says:

Whether a child of another kind of void marriage is legitimate depends on the exact facts and on which article of the Code applies. That is a question for a lawyer.

The court does not leave the children's situation open. Article 50 says:

Under Article 51, the value of the "presumptive legitimes" of all common children is computed as of the date of the trial court's final judgment and delivered in cash, property or sound securities, unless the parents already provided for this by an agreement approved by the court. What the children receive counts as an advance on their legitime, without affecting their inheritance rights when a parent dies. Under Article 52, their delivery must be recorded together with the judgment, and under Article 53 a former spouse may remarry only after that.

While the case is pending, Article 49 lets the court provide for the support of the spouses and the custody and support of the children, if there is no adequate written agreement. The court gives "paramount consideration" to the children's moral and material welfare and to their choice of parent, and it provides visitation rights for the other parent.

When parents separate, Article 213 says parental authority is exercised by the parent the court designates, taking into account all relevant considerations, especially the choice of a child over seven, unless the chosen parent is unfit. It also says:

In Tan-Andal v. Andal (2021), for example, the Supreme Court applied Article 213 and held that the trial court did not err in giving the mother custody of the couple's daughter, with visiting rights for the father, because she had shown greater care and devotion to the child. See Who gets custody of a child under 7? and How much is child support?

Legal separation does not end the marriage: Article 63 says the marriage bonds are not severed. It does affect custody: under Article 63(3), custody of minor children goes to the innocent spouse, subject to Article 213.

These are made-up examples to show how the rule works. They are not advice for any real case.

Sofia and Teddy married in 2015 and had two children. In 2024 the court declared their marriage void under Article 36, and the judgment became final. Both children were born before that, so they are legitimate (Article 54). The judgment also deals with their custody, support and presumptive legitimes (Article 50).

Ursula's annulment case on the ground of fraud is pending when she gives birth. The judgment becomes final a year later. The baby was born before the judgment became final, so the baby is legitimate under Article 54.

Vince remarried after his annulment was final and the judgment, partition and presumptive legitimes were recorded. His child with his new wife is legitimate under the second sentence of Article 54.

This page does not describe any change to a PSA birth record after an annulment or nullity: we did not read the PSA procedure. For getting copies of birth records, see the PSA birth certificate guide.

If you are filing for annulment or nullity and have children, a lawyer can explain how the judgment will deal with custody, support and presumptive legitimes, and can help you propose an arrangement to the court. Ask a lawyer too if your marriage may be void for a reason other than Article 36, because the children's status may depend on other rules.

If you cannot afford a lawyer, see Free legal help in the Philippines.