Question: Meron bang karapatan ang isang illegitimate child para angkinin ang isang property na kasalukuyan pang nabubuhay ang legal na mag-asawa?
In the context of Philippine law, the inheritance rights of illegitimate children are well-defined, yet they differ significantly from those of legitimate children. The query at hand touches upon the rights of an illegitimate child to claim property while the legal spouse is still alive.
Legal Framework
The primary laws governing inheritance in the Philippines are the Civil Code of the Philippines and the Family Code of the Philippines. These codes outline the distinctions between legitimate and illegitimate children and their respective rights to inheritance.
Rights of Illegitimate Children
Inheritance Share: Under the Civil Code, particularly Article 887, illegitimate children are entitled to receive a portion of the inheritance. However, their share is generally half of what a legitimate child would receive. This is further clarified in Article 176 of the Family Code, which states that illegitimate children shall be entitled to support and inheritance, but their inheritance share is half of that of legitimate children.
Compulsory Heirs: Illegitimate children are considered compulsory heirs under Article 887 of the Civil Code. This means they are entitled to a portion of the estate by operation of law and cannot be completely disinherited without just cause as enumerated in the law.
Property Claim During Lifetime of Parents: The issue of claiming property during the lifetime of the legal spouses is complex. Inheritance rights typically come into effect upon the death of the parent. An illegitimate child does not have the right to demand their inheritance while the parent (or legal spouses) are still alive. The property remains with the legal spouse and other legal heirs until the estate is settled upon death.
Succession Order: In the event of death, the property is divided according to the rules of intestate succession if there is no will. Legitimate children, spouse, and illegitimate children will all receive their respective shares as mandated by law.
No Equal Footing: It's crucial to understand that illegitimate children do not stand on equal footing with legitimate children in terms of inheritance shares. Their rights are recognized, but with certain limitations compared to legitimate offspring.
Implications for Property Claims
Given these legal provisions, an illegitimate child cannot claim ownership or rights to a property while the legal spouses are still alive. The right to inherit arises only upon the death of the parent, at which point the distribution of the estate will include the share for the illegitimate child as prescribed by law.
In summary, while illegitimate children have recognized rights to inheritance under Philippine law, these rights do not extend to claiming property from living legal spouses. Their entitlements are activated upon the death of the parent, ensuring they receive a rightful, though proportionately smaller, share of the estate.