Facts
Abadilla alleged that Tabiliran scandalously and publicly cohabited with a certain Priscilla Q. Baybayan during the existence of his legitimate marriage with Teresita Banzuela. Tabiliran then married Priscilla, which resulted in a bigamous marriage because Tabiliran was still married to Banzuela. Further, Tabiliran allegedly misrepresented himself as “single” in the marriage contract and dispensed with the requirements of a marriage contract by invoking cohabitation with Baybayan for five years. Tabiliran now intends his three illegitimate children with Priscilla Baybayan to be legitimated.
ISSUE: Whether or not Tabiliran’s illegitimate children with Priscilla may be legitimated
Ruling
No.
Despite his subsequent marriage to Priscilla, the three children cannot be legitimated nor in any way be considered legitimate since, at the time they were born, Tabiliran was still married to his first wife, Teresita.
Article 269 of the Civil Code, which is applicable to this case, provides:
Art. 269. Only natural children can be legitimated. Children 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, are natural.
The Family Code reiterated the above-mentioned provision thus:
Art. 177. 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.
DISPOSITIVE PORTION: WHEREFORE, the Court finds respondent Judge Jose C. Tabiliran, Jr. guilty of gross immorality, deceitful conduct and corruption and, consequently, orders his dismissal from the service. Such dismissal shall carry with it cancellation of eligibility, forfeiture of leave credits and retirement benefits, and disqualification from re-employment in the government-service, all without prejudice to criminal or civil liability. SO ORDERED.