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.
Related provisions
- Article 179 — the equal rights that retroact.
- Article 181 — legitimation of a child who has since died.
Cases interpreting this article
- Authorities on Article 180 will be added here as each is verified against primary sources.
Note. The text of the provision above is reproduced in full from the official enactment. The annotation, case summaries and commentary around it are the work of Vivas & Nobles Law Office and are general legal information, not legal advice. Whether this provision applies to a particular marriage depends on facts that only a lawyer reviewing your situation can assess.