Below is a comprehensive discussion of inheritance rights and conjugal (or community) property under Philippine law. This article is intended for general informational purposes and does not constitute legal advice. For specific concerns, you should seek guidance from a qualified Philippine attorney.

1. Overview of the Legal Framework

Family Code of the Philippines (Executive Order No. 209, as amended): Governs marriages, property relations between spouses, and related matters. It took effect on August 3, 1988.
Civil Code of the Philippines (Republic Act No. 386): Contains key provisions on succession (inheritance) and property relations. Many provisions on succession are still found in the Civil Code because, while the Family Code replaced certain Book I and Book II provisions on Persons and Family, Book III on Succession remains primarily in the Civil Code.
New Civil Code vs. Family Code Distinction:
- Marriages celebrated before the effectivity of the Family Code (August 3, 1988) without a prenuptial agreement are generally governed by the Conjugal Partnership of Gains (CPG) regime.
- Marriages celebrated on or after August 3, 1988, without a prenuptial agreement, are generally governed by the Absolute Community of Property (ACP) regime.

Understanding which property regime applies to a marriage is crucial for determining both the scope of conjugal property and the distribution of estate upon a spouse’s death.

2. Property Regimes Under Philippine Law

2.1. Absolute Community of Property (ACP)

Default regime for marriages celebrated on or after August 3, 1988, absent a valid marriage settlement (prenuptial agreement).
Under ACP, practically all property owned by the spouses at the time of marriage and acquired thereafter becomes part of the community.
Exceptions: Property inherited or donated to one spouse exclusively during the marriage is excluded from the community; personal or paraphernal property is likewise excluded (e.g., property acquired before marriage by either spouse when proven to be owned exclusively by that spouse).
Upon dissolution of the marriage (e.g., by death), the community property is liquidated. Half of the ACP generally goes to the surviving spouse, and the other half forms part of the deceased’s estate to be inherited by his or her heirs in accordance with the law on succession.

2.2. Conjugal Partnership of Gains (CPG)

Default regime for marriages celebrated before August 3, 1988 (unless a prenuptial agreement provided otherwise) or if expressly chosen in a valid marriage settlement for marriages after that date.
Under CPG, each spouse retains ownership over property that was exclusively theirs before marriage, as well as exclusive property acquired during marriage under specific circumstances. The “conjugal” or “partnership” property consists of:
- Fruits of the spouses’ separate properties.
- Income derived from their work and industries during marriage.
- Properties acquired by virtue of their combined efforts during marriage.
Upon dissolution, the spouses’ separate properties revert to each one, while the gains (i.e., the net profits from the conjugal partnership) are divided equally unless a different stipulation was made. Half of these conjugal gains goes to the surviving spouse; the other half is included in the decedent’s estate.

2.3. Complete Separation of Property

Possible if stipulated by the spouses in a prenuptial agreement (or if judicial separation of property is decreed by a court).
Each spouse administers, owns, and disposes of their property independently. Upon dissolution of the marriage, each spouse’s property remains with that spouse, and is thus inherited separately according to the rules on succession.

3. Inheritance (Succession) in the Philippines

3.1. Types of Succession

Testate Succession: The deceased leaves a will (last will and testament) that complies with Philippine law (e.g., forms, attestation requirements, notarial or holographic form). The will must respect the “legitime” of compulsory heirs.
Intestate Succession: The deceased does not leave a will, or the will is declared void or does not dispose of all the estate. The law then specifies who inherits and in what proportions.

3.2. Compulsory (Forced) Heirs

The Civil Code recognizes certain relatives who cannot be deprived of their inheritance (the “legitime”). These include:

Legitimate children (and their descendants)
Illegitimate children (with a lesser share than legitimate children)
Surviving spouse
Legitimate parents or ascendants (in certain cases, if there are no descendants)

A valid will must respect the minimum guaranteed shares of these forced heirs. Any attempt to reduce their legitime below the statutory minimum is not permitted.

3.3. The Legitime of the Spouse

The surviving spouse is a compulsory heir with a guaranteed share of the decedent’s estate. The exact share depends on the existence of other co-heirs:

Surviving spouse + legitimate children: The spouse’s legitime is equal to the share of one legitimate child (though the computations can be more nuanced where multiple children and/or illegitimate children are involved).
Surviving spouse + illegitimate children (and no legitimate children): The law provides corresponding shares, subject to complex rules ensuring that the total legitimes remain within the free portion.
Surviving spouse alone (with no children/descendants, no parents/ascendants): The surviving spouse inherits the entire estate (subject to other potential heirs under special scenarios, such as collateral relatives if no spouse or direct ascendants/descendants exist).
Surviving spouse + legitimate parents (if no children): Shares are divided with the legitimate parents according to statutory guidelines.

3.4. Concurrence with Children or Parents

When both children (or parents) and a spouse survive the decedent, the law sets out the proportionate shares. In many instances, the spouse inherits in concurrence with the children, dividing the free portion per rules in the Civil Code. The spouse is also entitled to a portion of the decedent’s share in the conjugal property.

4. Interaction Between Conjugal (or Community) Property and Inheritance

4.1. Dissolution of the Property Regime

When a spouse passes away, the first step is to liquidate the conjugal or community property:

Absolute Community of Property (ACP): Generally, half belongs to the surviving spouse outright (this is not inheritance but the spouse’s share of the community). The other half is subject to succession by the decedent’s heirs (including the spouse).
Conjugal Partnership of Gains (CPG): The net gains accumulated during the marriage are divided equally between the spouses, unless otherwise stipulated. The deceased spouse’s share in these gains, plus any exclusive properties of the deceased, form the estate for inheritance distribution.

4.2. The Surviving Spouse’s Double Role

The surviving spouse often has a “double share” phenomenon:

Proprietary share in the conjugal or community property (the spouse’s half in ACP or net share in CPG). This share is not inherited; it simply belongs to the surviving spouse by virtue of the marriage property regime.
Inheritance share as a compulsory heir over the deceased spouse’s share. The spouse is entitled to the legitime and possibly to a portion of the free disposable portion if there is a will disposing of property beyond the legitime.

4.3. Effect of Separation, Annulment, or Legal Separation

If the spouses were legally separated (by final court decree) before death, the property regime is governed by the terms of the legal separation decree and the surviving spouse may lose inheritance rights under certain conditions (e.g., if found at fault for the legal separation, subject to court ruling).
If the spouses are merely de facto separated (living apart without a court decree), generally the surviving spouse retains inheritance rights unless the courts have declared a disqualification based on specific grounds (e.g., judicial separation of property, final annulment of marriage).

5. Common Scenarios and Illustrations

No Will, Married under ACP with Children:
- The deceased’s estate is first determined by dividing the absolute community into two equal shares.
- The surviving spouse automatically owns one share.
- The other share (the decedent’s share) is divided among the surviving spouse and the children as heirs under intestate succession. The spouse’s intestate share is equal to that of each child, or as mandated by the Civil Code.
With a Will, Married under ACP, Survived by a Spouse and Multiple Legitimate Children:
- First, liquidate the absolute community. Surviving spouse takes half of the community property.
- Decedent’s half is disposed of according to the will, but subject to forced heirship rules. The spouse is entitled to a legitime equivalent to the share of one legitimate child, and each legitimate child is likewise entitled to their respective legitimes.
- If there is any free portion left after satisfying the legitimes, it can be distributed according to the testator’s wishes in the will.
Married under CPG, Survived by a Spouse and No Children:
- The conjugal partnership’s gains are determined and split. The spouse is entitled to half of the partnership gains outright.
- The decedent’s share of the gains plus the decedent’s exclusive properties make up the estate. If no children (nor other compulsory heirs) survive, the spouse may inherit the entirety of the decedent’s estate (or share with ascendants if they exist).

6. Key Points to Remember

Identify the Correct Property Regime: Whether ACP or CPG (or separation of property) significantly impacts how the estate is partitioned upon death. Always confirm how and when the marriage was solemnized or if there is a prenuptial agreement.
Liquidation Precedes Distribution: Before inheritance is distributed, the conjugal or community property must be liquidated to identify the decedent’s share.
The Surviving Spouse’s Rights Are Twofold: The spouse obtains his or her own share of the marital property first, then still inherits as a compulsory heir from the deceased’s share.
Forced Heirship: Legitimate children, illegitimate children, and the surviving spouse (and ascendants in certain cases) must receive their legitime; a will cannot override these mandatory shares.
Effect of Fault or Legal Separation: In certain cases, if a spouse is declared at fault in legal separation or if an annulment of marriage is finalized before death, inheritance rights of the guilty spouse may be affected.

7. Practical Tips

Documentation: Keep complete records of properties acquired before and during the marriage, whether titled or not, to avoid confusion during liquidation.
Wills and Estate Planning: Even though forced heirship limits absolute freedom, making a will can clarify the distribution of the “free portion” and reduce disputes among heirs.
Prenuptial Agreements: Where spouses wish to adopt a regime other than the default (ACP for new marriages), they must execute a valid prenuptial agreement complying with legal requirements (notarization, timing, etc.).
Seek Legal Counsel: Given the complexity of the rules—especially where multiple heirs, children from different relationships, or large estates are involved—consulting an attorney is essential.

8. Conclusion

Inheritance rights and conjugal (community) property in the Philippines are closely intertwined. Understanding which property regime applies is crucial before determining how the decedent’s estate is distributed among the heirs. Philippine succession laws ensure that certain relatives (including the surviving spouse) cannot be disinherited beyond their legitime. In any scenario of inheritance or marital property division, consulting an experienced lawyer is the most reliable way to protect one’s rights and ensure proper compliance with the law.