Inheritance Rights of a Child Born Out of Common-Law Relationship

Disclaimer: The following discussion is provided for informational purposes only and should not be construed as legal advice. Philippine inheritance laws and judicial decisions can be complex and fact-specific. If you require guidance for a particular situation, it is recommended to consult a qualified attorney in the Philippines.

Inheritance Rights of a Child Born Out of a Common-Law Relationship (Philippine Context)

In the Philippines, children born out of a common-law relationship (often referred to as “illegitimate children”) are entitled to certain inheritance rights, though these rights differ from those of legitimate children. This article outlines the essential legal principles, statutes, and procedures relevant to the inheritance rights of such children under Philippine law.

1. Definitions and Basic Principles

  1. Common-Law Relationship:

    • A common-law relationship is one where a couple lives together as husband and wife without the benefit of a valid, legally recognized marriage.
    • Under Philippine law, children born to couples in a common-law relationship are classified as “illegitimate” unless subsequently legitimated, adopted, or otherwise recognized under specific legal mechanisms.

  2. Illegitimate Child:

    • The Family Code of the Philippines (Executive Order No. 209) defines “illegitimate children” as those conceived and born outside a valid marriage.
    • The term applies even if the parents acknowledge the child as their own; without a valid marriage at the time of the child’s conception or birth, the child is still regarded as illegitimate for purposes of determining inheritance rights.

2. Establishing Filiation

Before an illegitimate child can assert inheritance rights, the law requires a legal recognition of parentage, known as “filiation.” The Family Code identifies the following ways to establish filiation:

  1. Record of Birth:

    • If the father or mother expressly recognizes the child in the child’s birth certificate (with the father’s signature or acknowledgment), this is often sufficient proof of filiation.

  2. Admission of Paternity/Maternity in a Public or Private Document:

    • A parent may recognize the child through a notarized Affidavit of Acknowledgment/Admission.
    • Republic Act No. 9255, which amended Article 176 of the Family Code, allows an illegitimate child to use the father’s surname provided that the father acknowledges the child in a public document.

  3. Judicial Action:

    • If a parent refuses to acknowledge the child voluntarily, the child may file a legal action for compulsory recognition.
    • Evidence such as DNA testing, correspondence from the parent acknowledging paternity/maternity, and other forms of proof may be presented to the court.

Establishing filiation is critical; without proof of filiation, the child’s inheritance rights from the parent cannot be enforced.

3. Legal Basis for Inheritance Rights

3.1. Intestate Succession (When There Is No Will)

Under Philippine law on intestate succession (i.e., when a person dies without a will), illegitimate children have the right to inherit from their deceased parent. However, the law grants illegitimate children a smaller share compared to legitimate children. Specifically:

  1. Share of Illegitimate Children vs. Legitimate Children

    • Article 987 of the Civil Code of the Philippines (in conjunction with relevant Family Code provisions) provides that illegitimate children are entitled to receive one-half (1/2) of the share of a legitimate child.
    • For example, if a legitimate child would receive PHP 100,000 under the same circumstances, an illegitimate child would receive PHP 50,000.

  2. Effect of Multiple Heirs

    • If the deceased leaves both legitimate and illegitimate children, the inheritance is divided considering that each illegitimate child’s share is half of each legitimate child’s share.
    • The total estate is first determined, legitimate children’s shares are calculated, and then the shares for illegitimate children are allocated accordingly.

  3. Right of Representation

    • “Representation” in inheritance matters allows descendants of a deceased heir to “step into the shoes” of that heir if the heir died ahead of the decedent. However, under the Civil Code, illegitimate children do not have a right of representation in the legitimate line.
    • They may represent their parent in the parent’s illegitimate line (for instance, if the deceased’s illegitimate child died, that child’s own descendants might represent him in certain circumstances). This area can be more nuanced and may require judicial interpretation.

3.2. Testamentary Succession (When There Is a Will)

When the deceased leaves a valid will, inheritance will generally follow the will’s provisions, provided these provisions do not violate the “legitime” (the reserved portion of the estate that the law guarantees to compulsory heirs).

  1. Compulsory Heirs and Legitimes

    • Under the Family Code and the Civil Code, children (including illegitimate children) are considered compulsory heirs.
    • A testator (the one making the will) cannot entirely disinherit a compulsory heir without a legally recognized ground for disinheritance specified in the Civil Code. Even with a will, illegitimate children are guaranteed their legitime, which is half the share of a legitimate child’s legitime.

  2. Reduction or Nullification of Testamentary Provisions

    • If the will purports to leave an illegitimate child less than the mandated legitime (i.e., less than half of what a legitimate child would receive as a legitime), the will’s offending provisions may be reduced or declared void insofar as they impair the compulsory heir’s legitime.
    • Conversely, if the testator decides to provide an illegitimate child with more than the legitime, this is generally allowed as part of the free portion of the estate (the portion not reserved by law for compulsory heirs).

4. Other Legal Considerations

  1. Use of Father’s Surname (Republic Act No. 9255)

    • Illegitimate children may use the father’s surname if the father acknowledges them in accordance with law.
    • While the use of the father’s surname does not, by itself, automatically confer inheritance rights, it typically strengthens proof of filiation, which is crucial for inheritance claims.

  2. Recognition of Illegitimate Child in the Will

    • The father (or mother) can formally acknowledge the illegitimate child in the last will and testament itself. This recognition also serves as proof of filiation.

  3. Legitimation (Article 177 of the Family Code)

    • If the parents of an illegitimate child subsequently marry (and were not disqualified from marrying each other at the time of the child’s conception), the child may become “legitimated” by operation of law.
    • Once legitimated, the child acquires the same rights as those of a legitimate child, including inheritance rights in full (no more half-share limitation).

  4. Adoption

    • If the child is legally adopted, he or she acquires the status of a legitimate child of the adoptive parent(s) and inherits in the same manner as a legitimate child.

  5. Donation Inter Vivos

    • Even if there are inheritance restrictions, the parent may provide support or property to the child during the parent’s lifetime through a donation inter vivos, subject to limitations regarding legitimes and compulsory heirs.

  6. Proof and Documentary Requirements

    • If a parent dies without having acknowledged the child, the illegitimate child must show sufficient proof of filiation in court to claim any inheritance.
    • DNA testing and relevant documentary evidence can become pivotal in contested cases.

5. Enforcement and Legal Remedies

  1. Extrajudicial Settlement

    • If all heirs (including illegitimate children) are willing to settle the estate amicably, they can execute an extrajudicial settlement agreement. This is valid as long as the agreement respects the compulsory heirs’ legitimes and is duly published and registered.
    • An illegitimate child who can demonstrate filiation must be included; otherwise, the child can question or nullify the settlement.

  2. Judicial Settlement

    • In cases where heirs cannot agree, or if the legitimacy or illegitimacy of a child is disputed, the settlement must proceed through the courts.
    • The court will determine the child’s entitlement based on proof of filiation and the mandatory rules on legitimes.

  3. Action for Declaration of Nullity of Partition

    • If a partition or distribution of the estate was done excluding the illegitimate child, the child (once recognized) can file an action to nullify or modify that partition.

  4. Time Limits (Prescription)

    • Actions to claim inheritance can be subject to time limitations (prescriptive periods). Under current jurisprudence, the action to claim legitime or to establish filiation generally must be filed within the statutory period, which varies depending on the nature of the action.
    • Prompt legal counsel is crucial to avoid missing deadlines that bar the filing of claims.

6. Practical Tips and Best Practices

  1. Prompt Acknowledgment of Paternity/Maternity

    • If you are an unwed parent, consider acknowledging your child early (e.g., through an affidavit or accurate information on the birth certificate). This greatly simplifies future inheritance or support claims.

  2. Documentation

    • Preserve important documents such as birth certificates, sworn statements, and any written communications acknowledging the child. These may be critical in proving filiation.

  3. Seek Legal Advice Early

    • Inheritance disputes can be complex and time-sensitive. Consult a lawyer who specializes in family law and estate settlement to avoid procedural missteps.

  4. Consider Other Instruments

    • Parents wishing to provide adequately for an illegitimate child can do so via a will (ensuring the legitime is respected), donations inter vivos, or other estate-planning mechanisms.

7. Conclusion

In Philippine law, a child born out of a common-law relationship—classified as illegitimate—still enjoys inheritance rights, but generally receives only half the share of a legitimate child. Whether the deceased left a will or died intestate, these rights revolve around the concept of compulsory heirs and the guaranteed legitimes provided by law. The key to enforcing these rights lies in establishing filiation and adhering to legal procedures, especially if disputes arise among heirs.

For individuals in common-law relationships or for those who have children outside of marriage, it is crucial to understand these inheritance rules and plan accordingly. Given the complexity of estate distribution and the potential for disputes, seeking specialized legal advice is always the most prudent course of action.

Disclaimer Reiterated: This article is a general discussion and does not substitute for individual legal counsel. Statutes, regulations, and judicial interpretations may change over time. If you are facing a real-life inheritance issue, consult a qualified lawyer in the Philippines to address the specifics of your case.

Disclaimer: This content is not legal advice and may involve AI assistance. Information may be inaccurate.

Privacy Policy

Terms of Use

Lawyer Login

 
 
Privacy Policy         Terms of Use         Lawyer Login