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Press Release [ Senate of the Philippines ]
January 5, 2010

NEW LAW SOLVES INHERITANCE PROBLEM OF MINORS' KIDS

Senator Bong Revilla today expressed optimism that the issue of inheritance of children born to underage parents will be addressed by the new law on their legitimacy.

According to the senator, he is proud that the legislative measure which he authored for the legitimacy of children born to underage parents finally became a law after it was signed by President Gloria Arroyo last December 20 as Republic Act 9858.

He said that because of the said law, children of minor parents would finally have the benefits of being a legitimate child, particularly on the issue of inheritance. "Under the Family Code, illegitimate children can only inherit half of what a legitimate child can get. Because of our new law, children of minor parents would be considered legitimate once the parents marry. Hence, they will have a fair share in the inheritance," Revilla pointed out.

He further explained that under Article 177 of the present Family Code, only children conceived and born outside of wedlock of parents who, at the time of the conception of the former, were not disqualified by any impediment to marry each other, may be legitimated."Underage parents cannot be married, not until they reach legal age of eighteen years old. This is considered as an impediment under the present Family Code. This contradicts the Child and Youth Welfare Code that guarantees that the State shall promote the welfare and wellbeing of every child, and safeguard their rights, dignity and personality," Revilla said.

The lawmaker stressed that the new law will also relieve the minor parents from the costly and lengthy adoption process. "To deny them such right by reason of the minority of their parents upon their birth, thereby preventing their legitimation, appears to be unreasonable in light of the stigma and difficulties that illegitimate children have to hurdle during their lives," he added.

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