Text of the provision
Art. 181. The legitimation of children who died before the celebration of the marriage shall benefit their descendants.
(274)
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 can operate even for a child who has already died before the parents marry. Because its effects retroact to birth (Article 180), the deceased child is deemed legitimated — and the benefit passes to that child's own descendants.
In practical terms, grandchildren may inherit through their deceased parent by right of representation as if that parent had been legitimate, since the legitimation reaches back past the death.
Related provisions
- Article 180 — the retroactivity that makes this possible.
- Article 182 — who may impugn a legitimation.
Cases interpreting this article
- Authorities on Article 181 will be added here as each is verified against primary sources.