Short answer. Yes. Article 51 of the Family Code requires that the presumptive legitimes of all common children — computed as of the date of the trial court's final judgment — be delivered in cash, property, or sound securities as part of the annulment proceedings before the spouses may move on.
What the law says
the value of the presumptive legitimes of all common children, computed as of the date of the final judgment of the trial court, shall be delivered in cash, property or sound securities, unless the parties, by mutual agreement judicially approved, had already provided for such matters
Family Code, Article 51 — Delivery of the Children's Presumptive Legitimes. Read the full provision →
What a presumptive legitime is
When a marriage is annulled or declared void, the property regime between the spouses is dissolved and their assets are partitioned. But the children also have an interest — even though neither parent has died yet. The law uses the concept of a presumptive legitime: the share of the estate that each common child would be entitled to inherit from either parent if that parent were to die at the time the judgment becomes final. It is a projection of their future inheritance right, delivered early as protection.
How delivery must happen
Article 51 requires that the presumptive legitimes be delivered in cash, property, or sound securities. This is not a symbolic gesture — an actual transfer of value must take place. The amount is computed as of the date of the final judgment of the trial court. One exception exists: if the parties already reached a judicially approved mutual agreement on how the children's interests would be protected, that agreement can satisfy the requirement instead of a separate delivery.
Who can enforce it
The children themselves, their guardian, or a trustee of their property may go back to court and ask that the judgment be enforced if delivery has not been made. This enforcement mechanism is deliberate — the law anticipates that parents, eager to put the annulment behind them, might neglect this step. The children's right to enforcement does not expire simply because time has passed or because the parents have moved on.
These amounts are advances, not extra gifts
Receiving a presumptive legitime does not give a child more than their eventual rightful share. The Family Code is clear: delivery under the annulment decree does not prejudice the children's ultimate inheritance rights when either parent eventually dies. However, "the value of the properties already received under the decree of annulment or absolute nullity shall be considered as advances on their legitime." When the time comes to settle the actual estate, the advance is counted and credited.
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.
- Eric U. Yu vs. Hon. Judge Agnes Reyes-Carpio, et al, G.R. No. 189207, June 15, 2011 — read the decision on LawPhil →
- Alain M. Diño vs. Ma. Caridad L. Diño, G.R. No. 178044, January 19, 2011 — read the decision on LawPhil →
- Elna Mercado-Fehr vs. Bruno Fehr, G.R. No. 152716, October 23, 2003 — read the decision on LawPhil →
- Antonio A. S. Valdez vs. Rtc, Branch 102, Quezon City, et al, G.R. No. 122749, July 31, 1996 — read the decision on LawPhil →