Inheritance Rights of Legitimate and Illegitimate Children in the Philippines
(updated to April 17 2025)
1. Primary Legal Sources
| Instrument | Key Provisions on Succession |
|---|---|
| Civil Code of the Philippines (Republic Act No. 386, 1950) | Book III (Succession): Arts. 887–908 on legitimes; Arts. 960–1016 on intestacy; Art. 992 “iron curtain” rule |
| Family Code of the Philippines (Executive Order No. 209, 1987) | Arts. 163–213 (Filiation), Arts. 174–176 (Illegitimate children’s rights), Arts. 887, 895–896 (updated legitimes) |
| Republic Act No. 9858 (2009) | Legitimation of children born to parents whose marriage is void for lack of a license or authority, provided no legal impediment existed at the time of birth |
| Republic Act No. 11222 (2019) | Administrative adoption/legalization of simulated births |
| Republic Act No. 9255 (2004) | Use of the mother’s surname by an acknowledged illegitimate child |
| Rules of Court & A.M. No. 03‑02‑05‑SC | DNA evidence in paternity/filiation cases |
2. Filiation in Philippine Law
| Category | How established | Salient effects |
|---|---|---|
| Legitimate Child | • Conceived or born during a valid marriage (Arts. 164–166 FC) • Legitimated by subsequent valid marriage (Art. 178 FC) • Legitimated under R.A. 9858 |
Full inheritance rights; qualifies as a compulsory heir with the largest legitime share |
| Illegitimate Child | • Voluntary recognition (record of birth, notarized document, public instrument – Art. 172 FC) • Judicial action using open and continuous possession of status or DNA proof (Art. 175 FC; Rule on DNA Evidence) |
Entitled to support, surname choice, and succession rights equal to one‑half (½) of a legitimate child’s legitime (Art. 895 FC) |
Natural vs. spurious children: The Civil Code formerly distinguished them; the Family Code abolished the distinction. All non‑legitimate children are now simply “illegitimate.”
3. Proof of Filiation
- Voluntary acknowledgment (parent’s signature on the birth record, notarized recognition, or a will).
- Judicial action within the child’s lifetime or 5 years from reaching majority (Art. 173 FC).
- DNA evidence is admissible and, under the Rule on DNA Evidence (2007, amended 2020), can even be the basis for compulsory recognition when it leaves no reasonable doubt.
4. Legitimes (Compulsory Succession)**
The legitime is the portion of an estate that the testator cannot dispose of freely.
| Situation | Share of Legitimate Child | Share of Illegitimate Child | Share of Surviving Spouse |
|---|---|---|---|
| Only children (all legitimate) | Entire estate divided equally | – | – |
| Only children (all illegitimate) | – | Entire estate equally (Art. 895 ¶2 FC) | – |
| Mixed: legitimate and illegitimate children, no spouse, no parents | Each legitimate child = 1 unit; each illegitimate child = ½ unit (Art. 895 ¶1 FC) | Surviving spouse absent | |
| Children (legitimate and/or illegitimate) plus surviving spouse | • If all legitimate: each legitimate child = 1 unit; spouse = share equal to one legitimate child (Art. 894 No. 1 CC) • If all illegitimate: spouse = share equal to that of one illegitimate child (Art. 894 No. 2 CC) • If mixed: spouse = legitime equal to ¼ of the estate (Art. 895 ¶3 FC) |
Illegitimate child still ½ unit | |
| No descendants, only parents/ascendants | Parents = ½ estate; spouse = ½ estate (Art. 899 CC). (Illegitimate children, if any, exclude parents.) | – | – |
Key ceiling: An illegitimate child’s legitime cannot exceed that of a legitimate child, but if only illegitimate children survive, they divide the estate as if all legitimate.
5. Intestate Succession Beyond Legitimes
Article 992 “Iron Curtain.”
- No intestate succession between the legitimate relatives of the deceased and the latter’s illegitimate children, and vice‑versa.
- Example: a legitimate child cannot inherit intestate from an illegitimate half‑sibling.
Representation
- Illegitimate children may represent their illegitimate parent in inheriting from an ascendant who is also illegitimate.
- They cannot represent an illegitimate parent to succeed from an ascendant who is legitimate because of Art. 992.
Testamentary succession may override barriers within the free portion. The decedent may freely devise the disposable part to any person, including relatives separated by Art. 992.
6. Legitimation & Adoption
| Mode | Effect on Inheritance |
|---|---|
| Legitimation by subsequent marriage (Arts. 177–178 FC) | Child becomes legitimate retroactively from birth; shares like a legitimate child. |
| RA 9858 legitimation (void marriages w/o impediment) | Same retroactive legitimacy. |
| Administrative or judicial adoption | Adopted child acquires all rights of a legitimate child toward adoptive parents (Art. 189 FC; RA 11642 2022). Biological ties for intestate succession are generally severed except in intra‑family adoptions. |
7. Common Practical Scenarios
Decedent leaves one legitimate son (LS) and one illegitimate daughter (ID).
- Net estate = ₱3 million.
- Legitime: ½ of estate = ₱1.5 M.
• LS = ₱1 M (1 share).
• ID = ₱0.5 M (½ share). - Free portion = ₱1.5 M (testator may allocate freely).
Only illegitimate children survive (three of them) and a surviving spouse.
- Estate = ₱2 million.
- Legitime = whole estate (no legitimate descendants or ascendants).
• Each child = ₱400 k.
• Spouse = ₱400 k (equal to one illegitimate child).
(Total = ₱2 M.)
Legitimate grandchild claiming by right of representation vs. illegitimate uncles/aunts.
- Legitimate grandchild may represent deceased legitimate parent and exclude illegitimate uncles/aunts from intestate succession because Art. 992 blocks their claim.
8. Recent Jurisprudence Highlights
| Case | G.R. No. | Ruling (succinct) |
|---|---|---|
| Heirs of Malate v. Gamboa (Sept 27 2022) | 236441 | Re‑affirmed need for clear, positive evidence of recognition; DNA as “credible” but not conclusive when chain of custody is defective. |
| Navales v. Abroganda (Nov 11 2019) | 228223 | Clarified that an illegitimate child’s legitime remains ½ even if legitimate heirs already received advances via donation inter vivos. |
| Estate of Don Emilio Morales v. Serrano (July 8 2014) | 167190 | Art. 992’s barrier is constitutional; equal‑protection claim dismissed because classes are not similarly situated in law. |
(While no Supreme Court ruling as of April 2025 has overturned Art. 992, several bills are pending in Congress that seek to equalize succession rights regardless of birth status.)
9. Procedural Tips for Practitioners
- Secure filiation documents early: PSA birth certificate, notarized recognition, DNA order if contested.
- File petitions for legitimation or adoption before estate settlement to avoid double transfers.
- Consider extrajudicial settlement when heirs are of age and agree, but disclose shares properly; illegitimate heirs must sign or be notified (Sec. 1 Rule 74 Rules of Court).
- Guard against laches: actions to establish illegitimate filiation are imprescriptible only during the child’s lifetime. After death, heirs have a limited period (generally same 5‑year window) to act.
- Watch donation thresholds: lifetime gifts to legitimate children may reduce their legitime, but illegitimate children’s proportional ½ share must still be preserved.
10. Key Take‑Aways
- Philippine succession law still distinguishes legitimate from illegitimate children, chiefly by granting the latter only half the legitime of a legitimate child.
- Art. 992 remains the principal barrier to intestate succession between legitimate and illegitimate lines.
- Legitimation (by marriage or RA 9858) and adoption are the principal mechanisms to erase the “illegitimate” status for succession purposes.
- Despite reform proposals, no statute or decision as of April 17 2025 has placed legitimate and illegitimate children on identical footing in all cases. Estate planners and heirs must therefore continue to compute shares with care and observe procedural safeguards to protect compulsory rights.