Short answer. Sometimes — it depends on why the marriage was void. Children conceived or born before a marriage is judicially declared void for psychological incapacity remain legitimate under Article 54, but children of most other void marriages do not get this same protection and are generally illegitimate unless legitimated.
What the law says
Children conceived or born before the judgment of annulment or absolute nullity of the marriage under Article 36 has become final and executory shall be considered legitimate.
Family Code, Article 54 — Legitimacy of Children. Read the full provision →
What the law says
Children conceived or born of the subsequent marriage under Article 53 shall likewise be legitimate.
Family Code, Article 54 — Legitimacy of Children. Read the full provision →
The general rule, and the exception that matters here
The Family Code's default rule is that a child conceived or born outside a valid marriage is illegitimate. Article 54 carves out an important exception: when a marriage is annulled or declared void for psychological incapacity under Article 36, children conceived or born before that judgment becomes final are still considered legitimate, not illegitimate. This exception exists because, until the court's decision becomes final, the marriage is treated as valid for the children's sake — the parents' later-discovered incapacity should not retroactively strip a child of legitimate status.
This protection is specific to Article 36 marriages
Article 54 is written narrowly. It protects children of marriages annulled or voided under Article 36, and it separately protects children conceived or born of a subsequent marriage entered into after the requirements for remarriage under Article 53 have been met. It does not, on its face, extend the same automatic legitimacy to children of marriages void for other reasons, such as a marriage entered into without a valid license or one that is bigamous. For those situations, the child's status depends on the general rules on legitimate, illegitimate, and legitimated children rather than on Article 54.
Legitimacy already acquired is not undone
A child legitimated by the parents' subsequent marriage does not lose that status if the marriage is later declared void for psychological incapacity. The provision fixes the status of children conceived or born before the judgment of nullity, and it does so without asking why the marriage failed. The practical effect is that legitimacy, once acquired, is treated as a settled attribute of the child rather than something contingent on the parents' marriage surviving. A judgment against the marriage is not a judgment against the child.
If your situation doesn't fit neatly here
Because the answer turns on exactly which ground made the marriage void and exactly when the child was conceived or born relative to the nullity judgment, this is not a question with one blanket answer. A child conceived after a psychological-incapacity judgment becomes final, for instance, sits outside Article 54's protection altogether. Anyone facing a real dispute over a child's status connected to a void or annulled marriage should have the specific facts and dates reviewed rather than relying on a general rule of thumb.
Cases citing this provision
These Supreme Court decisions cite the provision above. We list them so you can read them yourself; the summaries of what each decided are not ours to give.
- Republic of the Philippines vs. Linney Jean L. Tangarorang and Ramer R. Tangarorang, G.R. No. 272006, February 5, 2025 — read the decision on LawPhil →
- Velerio E. Kalaw vs. Ma. Elena Fernandez, G.R. No. 166357, January 14, 2015 — read the decision on LawPhil →
- Leonilo Antonio vs. Marie Ivonne F. Reyes, G.R. No. 155800, March 10, 2006 — read the decision on LawPhil →
- Gerardo B. Concepcion vs. Court of Appeals, et al, G.R. No. 123450, August 31, 2005 — read the decision on LawPhil →