Text of the provision
Art. 180. The effects of legitimation shall retroact to the time of the child's birth.
(273a)
Family Code of the Philippines, Executive Order No. 209, approved July 6, 1987. The Code took effect on August 3, 1988 (Republic v. Orbecido III, G.R. No. 154380, October 5, 2005). Reproduced in full.
What this article means
Legitimation is retroactive. Although it is triggered by the parents' later marriage, its effects are treated as if they existed from the moment the child was born — not merely from the wedding date.
This matters most for inheritance and status: the legitimated child is regarded as having been legitimate all along, which can affect successional shares and rights that turn on the child's status at earlier points in time.
Questions about this provision
Related provisions
- Article 179 — the equal rights that retroact.
- Article 181 — legitimation of a child who has since died.
Cases citing this article
- 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 →
- Republic of the Philippines vs. Oliver M. Boquiren and Roselyn M. Boquiren, Duly Represented By Her Mother Rosalinda B. Macaraeg, G.R. No. 250199, February 13, 2023 — read the decision on LawPhil →
Compiled automatically from Supreme Court decisions published on LawPhil that expressly cite this article, most frequently cited first. A listing means the decision cites the provision — it is not a statement that the case is the leading authority, and it does not show whether a ruling has since been modified or abandoned. Always read the decision itself.