C.C. Daclan Law Office

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February 17

To our valued clients:
February 2026 Office Hours:
Monday to Saturday : 8 A.M. to 5 P.M.

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-January 2026 Office Hours -
Monday to Saturday: 8:00 AM – 5:00 PM
Sunday: Closed

Dear Clients,
Please be advised that for the month of January 2026, our office hours will be adjusted to better serve your needs. Starting January 1, 2026, we will be open during the following times:
Monday to Saturday: 8:00 AM – 5:00 PM
Sunday: Closed
We will resume our regular operating schedule on February 1, 2026. Should you have any questions or require assistance during these hours, please do not hesitate to contact us at 09277233513.

Thank you for your continued support and cooperation.

-C.C. Daclan Law Office-

Congratulations, Atty! ⚖️
Today marks the beginning of a meaningful journey as newly licensed lawyers of University of San Jose–Recoletos.

May you carry forward the values you’ve learned—standing for what is right, serving with humility, and leading with courage.

| The Supreme Court (SC) has ruled that children's legitimacy is unaffected by the nullification of their parents' marriages due to psychological incapacity.

In a 19-page decision penned by Associate Justice Jhosep Lopez, the SC Second Division affirmed with modification the ruling of a Regional Trial Court (RTC) that declared a child illegitimate even after her parents’ marriage was nullified based on psychological incapacity, as stated in Article 36 of the Family Code.

The wife alleged she suffered physical, emotional, and verbal abuse from her husband during the marriage. As proof, she presented evidence of abuse and a psychological report that diagnosed her husband with narcissistic personality disorder.

Although the RTC voided the marriage, it also declared their child illegitimate, as her birth certificate did not state that she was legitimized. This prompted the Republic, through the Office of the Solicitor General to elevate the case before the Supreme Court.

In affirming the said ruling with modification, the SC cited previous jurisprudence to emphasize that the child is legitimate pursuant to Article 54 of the Family Code, which entitles the child to retain her legitimacy status as a consequence of her parent’s marriage.

“Since her legitimacy status is not affected by the declaration of nullity of marriage on the ground of psychological incapacity, the RTC must be reversed insofar as it declared [her] to be an illegitimate child of respondents,” the SC said.

It underscored that as a general rule, when a marriage is nullified, the child is considered illegitimate from the time they were conceived. But Article 54 of the Family Code provides for exceptions when the marriage is nullified due to psychological incapacity. This applies whether the child was born before or during the marriage.

The SC further explained that once a child is legitimated, there is no legal basis for changing their status back to illegitimate because that would go against the law’s intent to protect the child’s best interests.