Below is an extensive discussion of the inheritance rights of illegitimate children under Philippine law. This article integrates the relevant constitutional and statutory provisions, jurisprudence, and procedural considerations that affect illegitimate children’s rights to inherit from their parents.

I. Introduction

In the Philippines, family ties and succession laws are deeply influenced by both the Civil Code of the Philippines (Republic Act No. 386, as amended) and the Family Code of the Philippines (Executive Order No. 209, as amended). Historically, illegitimate children (those born to parents who are not legally married to each other at the time of their birth) were afforded fewer rights compared to legitimate children. Over the decades, however, legislative reforms and landmark Supreme Court decisions have progressively improved protections and clarified inheritance rights for illegitimate children.

This article aims to provide a comprehensive overview of the legal framework governing the inheritance rights of illegitimate children. Topics covered include the basis of these rights, recognition or establishment of filiation, the portion of the estate they can inherit, and procedural aspects of asserting inheritance claims.

II. Definition of Key Terms

Illegitimate Child
An illegitimate child is one born to parents who, at the time of conception or birth, were not lawfully married to each other or whose marriage is void under Philippine law. Under the Family Code, children conceived and born outside of a valid marriage are deemed illegitimate unless otherwise provided by law.
Filiation
Filiation refers to the status or relationship of the child with respect to the parent. Under Philippine law, filiation can be:
- Legitimate (children born during a valid marriage or within 300 days after its termination)
- Illegitimate (children born outside a valid marriage)
- Legitimated (an originally illegitimate child is legitimated by the subsequent valid marriage of the parents under specific conditions, i.e., if the parents had no legal impediment to marry at the time of the child’s birth)
Compulsory Heirs
Under Article 887 of the Civil Code, compulsory heirs include legitimate children, legitimate descendants, legitimate parents/ascendants, the surviving spouse, and acknowledged illegitimate children (among others). Compulsory heirs cannot be deprived of their legitime (the portion of the estate reserved by law) except through causes expressly stated by law (e.g., disinheritance under certain grounds).

III. Legal Basis for Inheritance Rights of Illegitimate Children

A. Civil Code of the Philippines (R.A. No. 386)

Articles 887, 888, and 894 – Identify the compulsory heirs and the legitimes (the minimum portion of the estate they are entitled to).
Articles 176–177 (Family Code counterpart: Articles 175–176) – Discuss illegitimate children and their rights.

Under the Civil Code regime (prior to the Family Code), illegitimate children were recognized as compulsory heirs. However, their share was typically less than that of their legitimate counterparts.

B. The Family Code of the Philippines (E.O. No. 209), as amended

Article 175 (as amended by R.A. No. 9255) – Governs how an illegitimate child may establish paternal affiliation and the right to use the father’s surname (if duly recognized or acknowledged).
Article 176 (renumbered under subsequent amendments) – Recognizes that illegitimate children are entitled to support and inheritance rights but clarifies that the legitime of each illegitimate child is half of that of a legitimate child.

C. Supreme Court Decisions

Various Supreme Court rulings have reiterated that illegitimate children are “compulsory heirs” and are, by law, entitled to a share in the estate. The Court has consistently underscored the importance of proving filiation before inheritance rights can be invoked.

IV. Establishing Filiation of Illegitimate Children

To inherit as an illegitimate child, one must first establish or prove filiation with the putative parent. Filiation may be established by:

Record of Birth – An official certificate of live birth where the father has signed or is indicated, or through an official acknowledgment before the local civil registrar.
Acknowledgment in a Public Document – A notarized statement, affidavit, or similar document explicitly recognizing filiation.
Judicial Order – A court decision in a paternity case or a similar proceeding establishing filiation (e.g., an action for compulsory recognition).
Other Means Allowed by the Rules of Court – This includes open and continuous possession of the status of an illegitimate child. Witness testimonies, correspondences, or DNA testing may also be used to prove filiation.

A. Voluntary Recognition

If the father (or mother) voluntarily recognizes the illegitimate child in a public document or a notarized statement, that acknowledgment confers the rights of an illegitimate child, including inheritance rights.

B. Compulsory Recognition

An illegitimate child who is not voluntarily recognized can file an action to compel recognition. The child must present convincing evidence (e.g., DNA test results, continuous possession of the status of a child, letters, or other substantiating proof).

V. Inheritance Shares and the Concept of Legitime

A. General Rule on Shares

Legitimate Child’s Share vs. Illegitimate Child’s Share: The legitime of an illegitimate child is one-half (1/2) of the legitime of a legitimate child.
If the Deceased Leaves Both Legitimate and Illegitimate Children:
- First, determine the total legitime allocated to children.
- Each legitimate child receives a certain portion of that legitime.
- Each illegitimate child then receives half the portion of each legitimate child.

Illustrative Example:
If the deceased is survived by one legitimate child and one illegitimate child:

The legitime for the legitimate child (for simplicity, assume the entire estate is distributable) is, say, 1/2 of the estate.
The illegitimate child is entitled to half of that portion, which is 1/4 of the estate.

B. No Surviving Legitimate Children

If the deceased has no legitimate children (or other compulsory heirs), but has illegitimate children, those illegitimate children inherit the entire estate as compulsory heirs (subject to the shares of the surviving spouse, if any, or other surviving compulsory heirs such as legitimate ascendants).

C. Surviving Spouse

When there is a surviving spouse alongside illegitimate children, the spouse’s share also needs to be computed according to the rules on legitimes and the interplay between spousal share and children’s shares. The presence of illegitimate children does not negate the spouse’s right to inherit; however, the final distribution will adjust proportionally among all compulsory heirs.

VI. Limitations on the Inheritance of Illegitimate Children

Proof of Filiation is Essential
The child must be able to present sufficient proof of illegitimate filiation. Without establishing filiation, the child cannot be recognized as an heir and cannot claim any portion of the estate.
Effect of Disinheritance
Like legitimate children, illegitimate children can also be disinherited under the limited grounds prescribed by law (e.g., an attempt on the life of the parent). However, disinheritance must strictly comply with the formalities and grounds stated in the Civil Code.
Limitations by Will
A testator may freely dispose of the “free portion” of his or her estate. However, the testator cannot impair the compulsory heirs’ legitimes. This means the testator cannot reduce the share of the illegitimate child below the half portion guaranteed to them by law vis-à-vis a legitimate child’s legitime.

VII. Procedural Aspects of Asserting Inheritance Rights

Judicial Settlement of Estate
In cases of intestate or testate succession, a petition for settlement of estate is filed in court. All heirs, whether legitimate or illegitimate, must be notified and given the opportunity to present their claims.
Extrajudicial Settlement
When the heirs are in agreement and there is no will involved, they may opt for an extrajudicial settlement. However, any illegitimate child’s share must still be included. An illegitimate child can question an extrajudicial settlement that excludes them by filing a petition in court.
Action for Partition
If an illegitimate child is excluded or the other heirs refuse to recognize the child’s share, the aggrieved child may file an action for partition to enforce their inheritance rights.
Prescriptive Periods
Actions to claim inheritance (including the action to establish filiation for inheritance purposes) are generally subject to specific prescriptive periods. For establishing filiation, it must be filed during the lifetime of the alleged parent or within the timeframe set out in Supreme Court rulings and the Family Code (e.g., five years after the child reaches the age of majority for certain recognition actions). It is best to institute recognition proceedings promptly to avoid complications.

VIII. Recent Developments and Considerations

DNA Testing
The admissibility of DNA evidence has made it easier for illegitimate children to prove filiation. Philippine courts increasingly admit DNA test results as conclusive or persuasive evidence of paternity.
RA 9255 (Revilla Law)
This law allows illegitimate children to use the surname of the father if the father expressly recognizes the child. While it does not directly expand inheritance rights, it facilitates the establishment of paternal acknowledgment, which, in turn, strengthens inheritance claims.
Legitimation
If the parents subsequently contract a valid marriage and there was no legal impediment at the time of the child’s birth, the illegitimate child may become legitimated by operation of law. This changes the child’s status from illegitimate to legitimate, thus entitling the child to a full legitimate child’s share.
Jurisprudential Clarifications
The Supreme Court has consistently interpreted the Family Code and Civil Code provisions in a manner that protects the inheritance rights of illegitimate children, emphasizing the paramount importance of the child’s best interests and the constitutional directive on the protection of the family.

IX. Practical Tips for Illegitimate Children and Parents

Secure Proper Documentation Early
- Have the birth certificate properly filled out or corrected if there are errors.
- If the father is willing, obtain a notarized acknowledgment of paternity.
Consider the Use of DNA Testing
- DNA evidence can be essential when documentary proof is lacking or contested.
Consult an Attorney
- The legal landscape regarding recognition, settlement of estate, and partition can be complex. Expert advice ensures compliance with procedural rules and maximizes protection of your rights.
Avoid Delay
- If filiation is disputed, it’s best to pursue recognition promptly to avoid issues with prescriptive periods and possible fraudulent transfers of property by other heirs.

X. Conclusion

Illegitimate children in the Philippines are recognized as compulsory heirs and are entitled to inherit from their parents—albeit with a smaller mandatory share compared to legitimate children (specifically, half the share of a legitimate child). Their inheritance rights hinge on the establishment of filiation, which can be achieved through birth certificates, public documents, voluntary acknowledgment, or judicial proceedings (often supported by DNA tests or other evidence).

Legislative reforms and progressive court rulings affirm the policy of protecting the rights of children, regardless of the marital status of their parents. While complexities remain—especially in evidentiary and procedural matters—Philippine law continues to uphold that the child’s best interest and equity should guide the resolution of inheritance disputes. Aspiring heirs and their families are well-advised to seek legal counsel to navigate estate settlements and ensure that no legitimate (or illegitimate) heir is wrongfully excluded.