Below is a comprehensive discussion on the inheritance rights of a child born from a live-in relationship (i.e., unmarried parents cohabiting) in the Philippines. This overview will focus on the legal principles, relevant laws, and jurisprudence governing the child’s right to inherit from his or her parents under Philippine law. Please note that this information is for general educational purposes and does not constitute legal advice. For specific cases, it is always best to consult a qualified attorney.

1. Terminology and Legal Basis

Legitimate Child – A child conceived or born during a valid marriage of the parents (or within 300 days of its termination), according to the Family Code of the Philippines (Executive Order No. 209).
Illegitimate Child – A child born to parents who are not legally married, or whose marriage is void or voidable under the law. Since a child in a live-in relationship typically has unmarried parents, he or she is ordinarily classified as “illegitimate” unless legitimated under specific legal circumstances.
Family Code Provisions – Articles 164 to 176 of the Family Code govern legitimacy and illegitimacy, and Articles 175 and 176 are particularly relevant to illegitimate children’s rights. These provisions were later amended by Republic Act No. 9255 (2004) regarding surnames of illegitimate children and recognition rules.
Civil Code Provisions – Prior to the Family Code, certain provisions of the Civil Code applied, but most inheritance and family law matters are now primarily guided by the Family Code (enforced since August 3, 1988).

2. Status of the Child: Legitimate vs. Illegitimate

2.1. General Rule on Live-In Relationships

A live-in relationship alone does not create a legal marriage. Children born of such a relationship are considered illegitimate unless:

The parents subsequently marry under conditions that legally allow legitimation (Article 177, Family Code). However, this requires there be no legal impediment to the marriage at the time of the child’s conception.

2.2. Consequence of Illegitimacy

Under Philippine law, being classified as an illegitimate child does not extinguish inheritance rights but does affect how inheritance shares are determined. The Family Code and the Civil Code both provide guidance on the amount of the share and the manner by which an illegitimate child can claim inheritance.

3. Recognition (Filiation) of the Child

3.1. Importance of Recognition

For an illegitimate child to inherit from a parent, there must be proof of filiation—i.e., legal acknowledgment that the child is indeed the offspring of the purported father or mother. Filiation can be established in several ways:

Voluntary Recognition – This can be done in a record of birth (e.g., birth certificate), a will, a public document, or a private handwritten instrument signed by the parent (Article 172, Family Code).
Compulsory Recognition (Judicial Action) – If a parent denies or fails to acknowledge the child, the child (or the child’s guardian) may file a paternity or filiation case, presenting sufficient proof such as:
- DNA evidence,
- Admission of paternity/maternity,
- Public or private documents showing recognition,
- Other relevant pieces of evidence accepted in court.

3.2. Timing of Recognition

During the Parent’s Lifetime – Voluntary recognition can occur at any time while the parent is alive.
Posthumous Recognition – If the parent dies before recognizing the child, the child can still pursue a legal action for recognition against the estate within the prescriptive periods set by law.

4. Inheritance Rights and Shares

4.1. Illegitimate Child’s Share

Under the Civil Code and the Family Code:

An illegitimate child is entitled to one-half (½) of the share of a legitimate child in the parent’s estate.
- For example, if a legitimate child would inherit PHP 1,000,000, an illegitimate child would inherit PHP 500,000 under the same estate distribution.

4.2. Intestate Succession

If the parent dies without a will (intestate succession), the estate is divided according to the rules established by law:

Legitimate children take their shares.
Illegitimate children receive a share equal to half of a legitimate child’s share.
Surviving spouse (if any) also gets a share. However, in a live-in relationship, unless the couple eventually married and the marriage was valid, the partner typically does not inherit in intestacy. Only the child and other compulsory heirs (parents, legitimate children, etc.) can lay claim.

4.3. Testamentary Succession (With a Will)

If the parent leaves a will (testate succession), the law still imposes “legitime” requirements, meaning a portion of the estate is reserved by law for compulsory heirs, which include:

Legitimate children,
Illegitimate children,
Surviving spouse (if validly married),
Ascendants in certain circumstances.

The parent cannot deprive an illegitimate child of the legitime, which is half of what a legitimate child would receive. Any attempt to disinherit an illegitimate child without a valid legal cause recognized by the Civil Code can be challenged and potentially voided.

5. Proof of Filiation and Legal Actions

5.1. Relevance of a Birth Certificate

Having the father’s (or mother’s) name on the birth certificate can be a strong indication of voluntary recognition, so long as there are no irregularities or disputes regarding the authenticity of the document.
If the father’s name is missing or was not placed on the birth certificate, the child can still file a case for recognition if other evidence supports paternity.

5.2. Judicial Action for Recognition or Filiation

Procedure: The child (or authorized representative) may file a petition in court, presenting proof of paternity/maternity. DNA testing has become increasingly accepted and may be ordered by courts to establish filiation.
Prescriptive Period: Actions for recognition can generally be brought during the child’s lifetime or within certain statutory deadlines after the parent’s death.

6. Support Obligations vs. Inheritance

While separate from inheritance, it is worth noting:

Support (financial, moral, educational, etc.) is a legal obligation owed to both legitimate and illegitimate children, once filiation is established.
Even if parents are not married, once the father or mother is proven to be the biological parent of the child, the child has the right to receive support.

Inheritance rights come into effect upon the death of the parent, while support obligations exist during the parent’s lifetime. Both require proof of filiation.

7. Legitimation and Its Effect on Inheritance

Legitimation (Article 177, Family Code) is a remedy to make an illegitimate child legitimate if, at the time of the child’s conception, the parents had no legal impediment to marry. After the parents’ subsequent valid marriage, the law deems the child legitimate. The effect is:

The child’s status is upgraded to legitimate.
The child’s inheritance share (and other rights) become equal to that of a legitimate child.

Key Point: If the parents cannot validly marry (e.g., one parent is already married to another person), legitimation is not possible.

8. Common Misconceptions

Myth: An illegitimate child gets no inheritance.
Truth: Illegitimate children are compulsory heirs, entitled to inherit half the share of a legitimate child, provided filiation is established.
Myth: Living together automatically grants rights to inherit from each other.
Truth: Cohabitation (live-in relationship) alone creates no right to inherit as spouses. Only children born of such a relationship have inheritance rights if recognized or proven as the parent’s child.
Myth: An illegitimate child must be named after the father to inherit.
Truth: The child’s surname is not dispositive of inheritance rights. What matters is that paternity/maternity is legally proven.
Myth: A will can completely disinherit an illegitimate child.
Truth: The law reserves the legitime for compulsory heirs (including illegitimate children). Any will that disregards this can be challenged in court.

9. Relevant Laws and References

Family Code of the Philippines (Executive Order No. 209) – Particularly:
- Article 164: Definition of legitimate children
- Articles 165–174: Legitimacy, proof of filiation
- Articles 175–176: Illegitimate children’s rights (amended by R.A. 9255)
- Article 177: Legitimation
New Civil Code of the Philippines (Republic Act No. 386) – Relevant provisions on inheritance and succession (Title IV on Succession), including:
- Rules on legitimes
- Rules on disinheritance
- Rules on compulsory heirs
Republic Act No. 9255 – Amended certain provisions of the Family Code to allow illegitimate children to use the father’s surname under specific conditions and clarified rules on recognition.
Jurisprudence – Decisions of the Supreme Court interpreting provisions on recognition, legitimation, and inheritance shares. For instance, cases upholding the right of illegitimate children to invoke DNA testing or clarifying the permissible evidence for establishing filiation.

10. Practical Considerations and Steps

Documentary Evidence – Make sure the child’s birth is registered and that any acknowledgment by the father (or mother) is in writing (birth certificate, affidavit of acknowledgment, etc.).
Consult a Lawyer – If there is a dispute about paternity or if the parent refuses recognition, consult a family law practitioner to assess the feasibility of a paternity suit.
Estate Planning – Parents in a live-in relationship who want to ensure their children’s future should consider drafting wills or taking other estate-planning measures. However, remember the legitime of all compulsory heirs cannot be violated.
Timing – If the parent dies without recognizing the child, the child or guardian should immediately consult legal counsel to file a petition for recognition and to protect the child’s inheritance rights within the prescriptive periods.

Conclusion

A child born from a live-in relationship in the Philippines is classified as an illegitimate child under the Family Code, but remains a compulsory heir. This child’s inheritance share is half of what a legitimate child would receive, as long as filiation (paternity or maternity) is proven or recognized. The child also has the right to be supported during the parent’s lifetime. Although an illegitimate child does not enjoy the same full inheritance share as a legitimate child, Philippine law upholds the principle that no child shall be deprived of inheritance solely based on the parents’ marital status.

Where there is any doubt about legal rights or if additional complexities arise—such as disputes over paternity, hidden assets, or overlapping claims from other heirs—consulting a lawyer with expertise in family law and estate law is crucial to safeguarding the child’s interests.