1/5/2021 E-Library - Information At Your Fingertips: Printer Friendly Pursuant to the foregoing, an illegitimate child is a relative within the first civil degree of consanguinity of his biological mother. Unlike a nephew and niece, an illegitimate child belongs to the direct maternal lineage, which is never uncertain,[9] and which is not as remote as the nephew and niece. The word "child" referred to in Article 966 of the Civil Code is used in a general term and is without qualification. This is so because the provision contemplates blood relation, not status. When the provision does not distinguish between legitimate and illegitimate relatives, we, too, must not. Let us adhere to the Latin maxim that declares: ubi lex non distinguit, nec nos distinguera debemus (where the law does not distinguish, nor the interpreter must distinguish). To put more clarity on the legislative intent, we refer to the deliberations on Senate Bill No. 1523 (now, R.A. No. 8552) in identifying who can adopt and who may be adopted under Section 7(b), Article III, of R.A. No. 8552, to wit: The President. x x x In respect to former Filipino citizen referred to in line 2 of page 6-- meaning the exception where aliens may adopt-- why are relatives here limited to those by consanguinity and it does not include those who are so by affinity? Senator Santiago. This is a reflection of a native cultural bias, or prejudice in favor of blood relations. This is a peculiarly Asian world view. The President. So, the committee has no intention of expanding this to include relatives by affinity. Senator Santiago. If there are reasonable grounds for advancing an argument, the committee would be happy to consider it. The President. Up to what degree of relatives by consanguinity or affinity, up to what degree? Senator Santiago. Generally, in trial courts, this phrase is construed in an open-ended way. As long as there is a tie of consanguinity, no matter how remote, then it falls under the coverage of this exception. The President. Is that the clear intention of this provision? Senator Santiago. Yes, Mr. President. xxxx Senator Maceda. x x x Now, I support the stand of the Senate President on the question of consanguinity or affinity, especially if this former Filipino citizen is probably https://elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/66000 5/10