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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 165 of the Family Code of the Philippines provides that children conceived and born outside a valid marriage are illegitimate, unless otherwise provided in this Code. The portion that an illegitimate child may receive as inheritance from his or her parents depending on who are the remaining successors of the parent who died and on the kind of succession that will take place.

In Continental Steel Manufacturing Corp. v. Montaño, G.R. No. 182836, October 13, 2009, the Supreme Court held that the fine distinctions among the various types of illegitimate children have been eliminated in the Family Code. Now, there are only two classes of children — legitimate (and those who, like the legally adopted, have the rights of legitimate children) and illegitimate. All children conceived and born outside a valid marriage are illegitimate, unless the law itself gives them legitimate status.  

Article 165 of the Family Code of the Philippines provides that children conceived and born outside a valid marriage are illegitimate, unless otherwise provided in this Code.

Under Article 887 of the Civil Code of the Philippines, illegitimate children referred to in Article 287 are compulsory heirs. Article 287 of the Civil Code of the Philippines provides that Illegitimate children other than natural in accordance with Article 269 and other than natural children by legal fiction are entitled to support and such successional rights as are granted in this Code. 

Testamentary Succession (When There Is a Will)

When the decedent leaves a will, the hereditary rights of illegitimate children are governed by Articles 894, 895, and 896 of the Civil Code.

1. With a Surviving Spouse. If the testator leaves illegitimate children, the surviving spouse shall be entitled to one-third of the hereditary estate of the deceased and the illegitimate children to another third. The remaining third shall be at the free disposal of the testator. (Article 894 of the Civil Code of the Philippines)
2. With Legitimate Children or Descendants. The legitime of an illegitimate child shall consist of one-half (½) of the legitime of each of the legitimate children or descendants. (Article 895 of the Civil Code of the Philippines) 
3. With Legitimate Parents or Ascendants. The legitime of an illegitimate child who may survive with legitimate parents or ascendants of the deceased shall be entitled to one-fourth (¼) of the hereditary estate to be taken from the portion at the free disposal of the testator. (Article 896 of the Civil Code of the Philippines)

Intestate Succession (When There Is No Will)

In cases of intestate succession, the hereditary rights of illegitimate children are governed by Articles 988 to 1000 of the Civil Code.

1. No Legitimate Descendants or Ascendants. The illegitimate children shall succeed to the entire estate of the deceased. (Article 988 of the Civil Code of the Philippines) 
2. With Descendants of Another Illegitimate Child who is Dead. The illegitimate children shall succeed in their own right and the latter by right of representation. (Article 989 of the Civil Code of the Philippines) 
3. With Legitimate Ascendants. The illegitimate children shall divide the inheritance with them, taking one-half of the estate, whatever be the number of the ascendants or of the illegitimate children. (Article 991 of the Civil Code of the Philippines) 
4. With Widow or Widower.  The illegitimate children shall be entitled to one-half (½). (Article 998 of the Civil Code of the Philippines) 
5. With Legitimate Ascendants and Surviving Spouse. The legitimate ascendants shall be entitled to one-half of the inheritance, and the other half shall be divided between the surviving spouse and the illegitimate children so that such widow or widower shall have one-fourth of the estate, and the illegitimate children the other fourth. (Article 1000 of the Civil Code of the Philippines) 

Proof of Filiation

Article 887 of the Civil Code of the Philippines requires that the filiation of illegitimate children be duly proved. 

In order to prove the filiation of illegitimate children, Article 175 of the Civil Code of the Philippines provides that Illegitimate children may establish their illegitimate filiation in the same way and on the same evidence as legitimate children. The action must be brought within the same period specified in Article 173, except when the action is based on the second paragraph of Article 172, in which case the action may be brought during the lifetime of the alleged parent.

Let’s apply.

Juan, who never married, had an illegitimate daughter, Juana, with his former girlfriend. Juan died of old age without leaving a will and without surviving legitimate descendants, ascendants, or a spouse. Is Juana entitled to receive anything from the estate of Juan? What are her hereditary rights, if any, as an illegitimate daughter?

Under Article 988 of the Civil Code of the Philippines, in the absence of legitimate descendants or ascendants, the illegitimate children shall succeed to the entire estate of the deceased. 

In the present case, Juana, as Juan’s sole surviving heir, shall inherit the entire estate.

If Juan had left a will, Article 896 of the Civil Code of the Philippines shall apply. Since Juan would have left an illegitimate child and no other compulsory heirs, Juana would be entitled to one-half (½) of the hereditary estate as her legitime. The remaining half would be subject to the testamentary dispositions of Juan.

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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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