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This article was originally published on June 1, 2022 and has been updated to reflect recent legal developments.

The following post does not create a lawyer-client relationship between Alburo Alburo and Associates Law Offices (or any of its lawyers) and the reader. It is still best for you to engage the services of a lawyer or you may directly contact and consult Alburo Alburo and Associates Law Offices to address your specific legal concerns, if there is any.

Also, the matters contained in the following were written in accordance with the law, rules, and jurisprudence prevailing at the time of writing and posting, and do not include any future developments on the subject matter under discussion.

AT A GLANCE:

Article 887 of the Civil Code of the Philippines classifies legitimate parents and parents of illegitimate children as compulsory heirs

It is common knowledge that children inherit from their parents. But what happens when the roles are reversed? It is far less common—and often overlooked—that a parent may inherit from their children. This raises an important legal question: May a parent inherit from their children, and under what circumstances?

Article 774 of the Civil Code of the Philippines defines succession as a mode of acquisition by virtue of which the property, rights and obligations to the extent of the value of the inheritance of a person are transmitted through his death to another or others either by his will or by operation of law. 

Article 887 of the Civil Code classifies legitimate parents and parents of illegitimate children as compulsory heirs, to wit:

“ARTICLE 887. The following are compulsory heirs:

xxx

(2) In default of the foregoing, legitimate parents and ascendants, with respect to their legitimate children and descendants;

xxx

The father or mother of illegitimate children of the three classes mentioned, shall inherit from them in the manner and to the extent established by this Code.” 

The succession of parents for legitimate children and illegitimate children are different under the law. 

The legitime of legitimate parents or ascendants consists of one-half (½) of the hereditary estates of their children and descendants. (Article 889 of the Civil Code of the Philippines)

Moreover, in case both parents are still alive, the legitime reserved for the legitimate parents shall be divided between them equally; if one of the parents should have died, the whole shall pass to the survivor. (Article 890 of the Civil Code of the Philippines)

On the other hand, legitime of the parents who have an illegitimate child, when such child leaves neither legitimate descendants, nor a surviving spouse, nor illegitimate children, is one-half of the hereditary estate of such illegitimate child. If only legitimate or illegitimate children are left, the parents are not entitled to any legitime whatsoever. If only the widow or widower survives with parents of the illegitimate child, the legitime of the parents is one-fourth of the hereditary estate of the child, and that of the surviving spouse also one-fourth of the estate. (Article 903 of the Civil Code of the Philippines)

Let’s apply. 

Jose Mari, a widower, has three legitimate children, namely: Gerard Franco, Ryan, and Rene. Jose Mari is a successful businessman and was able to influence his three children to co-manage his wine factory. A few years later, Rene left his father’s wine factory and established his own chocolate factory. The chocolate factory became successful, and Rene opened several branches throughout the Philippines. Upon reaching the age of forty-one (41), Rene died due to diabetes. Rene was not married and had no children. 

Hence, May Jose Mari inherit from his son, Rene?

As provided above, Article 887 of the Civil Code of the Philippines, legitimate parents are a compulsory heir of their legitimate children. In this regard, Article 889 of the Civil Code of the Philippines provides that the legitime of a legitimate parent consists of one-half (½) of the hereditary estates of their children and descendants.

In this case, Jose Mari, being the legitimate parent of his son, Rene, is a compulsory heir and is therefore entitled to inherit one-half (½) from Rene’s estate, considering that Rene was not married and left no children.

Whether or not Rene executed a will, Jose Mari is entitled to receive an inheritance from Rene’s estate by virtue of his status as a compulsory heir of the latter. This is consistent with Article 904 of the Civil Code of the Philippines, which states that the testator cannot deprive his compulsory heirs of their legitime, except in cases expressly specified by law.

With respect to Rene’s siblings, Gerard Franco and Ryan, they will not inherit from Rene through legal or intestate succession because they are not compulsory heirs under the law. They may inherit from their brother Rene only if he executed a will and expressly instituted them as heirs to receive certain properties or transmissible rights. In such a case, they are called “voluntary heirs” of Rene.

If Rene died leaving a surviving wife, his father Jose Mari may still inherit. Again, Gerard Franco and Ryan will not receive any inheritance except through a will. However, if Rene died leaving a child, whether legitimate or illegitimate, Jose Mari may not inherit from Rene’s estate except through a will.

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Alburo Alburo and Associates Law Offices specializes in business law and labor law consulting. For inquiries regarding legal services, you may reach us at info@alburolaw.com, or dial us at (02)7745-4391/ 09175772207/ 09778050020.

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