A. If the marriage is voidable (Article 54)
Art. 54. Children conceived or born before the judgment of
annulment or absolute nullity of the marriage under Article 36 has
become final and executory shall be considered legitimate. Children
conceived or born of the subsequent marriage under Article 53 shall
likewise be legitimate.
Legitimate – if conceived before final judgment
Illegitimate – if conceived after final judgment
B. If the marriage is void
General Rule: Children are illegitimate (Article 165)
Art. 165. Children conceived and born outside a valid marriage
are illegitimate, unless otherwise provided in this Code.
Exceptions: Legitimate if the marriage falls under:
1. Article 36 – Psychological incapacity
Art. 36. A marriage contracted by any party who, at the
time of the celebration, was psychologically incapacitated to
comply with the essential marital obligations of marriage, shall
likewise be void even if such incapacity becomes manifest only
after its solemnization.
2. Article 53 – Children conceived or born of the subsequent marriage under
Article 53 even though such marriage is void for failure to comply with the
requirements of Article 52.
Art. 53. Either of the former spouses may marry again
after compliance with the requirements of the immediately
preceding Article; otherwise, the subsequent marriage shall be null
and void.
