Compulsory Heirs in Philippine Succession Law

Under Philippine law, the concept of compulsory heirs is governed by the Civil Code of the Philippines, particularly in Book III, which deals with Wills and Succession. Compulsory heirs are individuals whom the law mandates must inherit a portion of the estate of a decedent (deceased person) and whose inheritance rights cannot be ignored, either by testamentary disposition (a will) or by omission. These heirs are entitled to a fixed portion of the decedent’s estate, called the legitime, which cannot be reduced or impaired unless specific legal grounds exist.

The main articles governing compulsory heirs and their entitlements in Philippine law include Articles 887 to 909 of the Civil Code.

1. Who Are the Compulsory Heirs?

The compulsory heirs are categorized based on their relationship to the decedent. According to Article 887 of the Civil Code, the compulsory heirs include:

Legitimate Children and Descendants:
- These include all legitimate children of the decedent and, in their absence, legitimate descendants (e.g., grandchildren).
Legitimate Parents and Ascendants:
- These include the legitimate parents of the decedent. If the parents are deceased, the legitimate ascendants, such as grandparents, inherit in their stead.
Surviving Spouse:
- The surviving spouse has a special status in inheritance and is entitled to the legitime as a compulsory heir, regardless of whether they have legitimate children or descendants.
Illegitimate Children:
- Illegitimate children, though not accorded the same rights as legitimate children, are still considered compulsory heirs and are entitled to a portion of the estate.

2. Hierarchy and Order of Compulsory Heirs

The law prioritizes certain heirs over others based on their relationship to the decedent. When several compulsory heirs are present, their entitlement to the estate is distributed according to these principles:

Legitimate Children and Descendants are prioritized over legitimate ascendants.
If the decedent has legitimate children, these children inherit to the exclusion of the parents or ascendants.
If there are no legitimate children, legitimate parents or ascendants inherit.
Illegitimate children are entitled to inherit alongside legitimate children but receive a lesser share.
The surviving spouse inherits as a compulsory heir regardless of whether there are legitimate children or descendants, though the specific share may vary.

3. Legitime and Distribution Among Compulsory Heirs

The legitime refers to the minimum portion of the estate that the law reserves for compulsory heirs. This portion cannot be deprived except for legally recognized grounds (e.g., disinheritance for just cause).

The specific allocation of the legitime among the compulsory heirs is as follows:

Legitimate Children or Descendants:
- They are entitled to one-half of the estate, which will be divided equally among them.
Legitimate Parents or Ascendants:
- In the absence of legitimate children or descendants, legitimate parents or ascendants are entitled to one-half of the estate.
Surviving Spouse:
- The surviving spouse’s legitime varies depending on the presence of other compulsory heirs:
  - If there are legitimate children or descendants, the spouse is entitled to one-fourth of the estate.
  - If there are no legitimate children but there are legitimate ascendants, the surviving spouse is entitled to one-half of the estate.
  - If the decedent has neither descendants nor ascendants, the spouse may inherit the entire estate as the sole compulsory heir.
Illegitimate Children:
- The legitime of illegitimate children is one-half of what legitimate children receive. If there are multiple illegitimate children, they share this portion equally.

4. Principle of Indefeasibility of the Legitime

The legitime is deemed indefeasible, meaning it cannot be reduced by testamentary disposition, donation, or other means, except under limited circumstances allowed by law. Any attempt by the decedent to deprive a compulsory heir of their legitime—either by will, donation inter vivos (during the lifetime of the decedent), or by any other means—is null and void with respect to the reserved portion. If the decedent attempts to distribute the estate in a way that impairs the legitime of a compulsory heir, the law will make the necessary adjustments to protect this reserved share.

5. Disinheritance of Compulsory Heirs

While compulsory heirs are entitled to their respective legitimes, they can be disinherited by the decedent under strict legal grounds enumerated in the Civil Code (Articles 919 to 921). The grounds for disinheritance are specific and limited; they include acts of maltreatment, abandonment, or serious offenses committed by the heir against the decedent. Disinheritance must be made expressly in a will, with clear and legally valid grounds stated.

If the disinheritance is found invalid or based on insufficient grounds, the disinherited compulsory heir is entitled to their legitime as though no disinheritance had been made.

6. Collation and Restoration of Legitime

The law requires that certain assets given by the decedent to compulsory heirs during their lifetime be “collated” or brought into the computation of the estate upon death. This principle ensures fairness among heirs by taking into account any donations the decedent made during their lifetime.

The compulsory heirs may demand that donations and advancements made to other compulsory heirs be taken into account (collated) to restore the proper amount of legitime they are entitled to receive. If, for instance, one heir received substantial gifts from the decedent, those amounts may reduce that heir’s share of the estate, ensuring a more equitable distribution among all compulsory heirs.

7. Key Rules Governing the Legitime and Estate Distribution

To summarize:

Legitime cannot be impaired without a valid legal cause.
Any disposition (whether by will, donation, or inter vivos transfer) that diminishes the legitime is automatically void as to the impaired portion.
Collation ensures equality among compulsory heirs by accounting for prior advances made by the decedent.
Disinheritance must be for just cause and explicitly stated in a will, following strict guidelines for validity.

Conclusion

In Philippine succession law, the concept of compulsory heirs and their legitime ensures that close family members receive a portion of the decedent’s estate, reflecting a strong policy of family solidarity and support. This system restricts the freedom to dispose of one's estate fully but allows limited flexibility through disinheritance and testamentary distribution beyond the legitime. In essence, Philippine succession law balances testamentary freedom with the protection of the family’s rights, specifically those of compulsory heirs, to a guaranteed inheritance.