Below is a comprehensive overview of the legal rights of non-marital (often referred to as “illegitimate”) children under Philippine law. This article draws primarily from the Family Code of the Philippines, relevant Republic Acts, and established jurisprudence. It is meant for general informational purposes and does not constitute legal advice.

1. Definition of Non-Marital (Illegitimate) Children

Under Philippine law, “legitimate” children are those conceived or born during a valid marriage, or within specific exceptions outlined in the Family Code (e.g., children conceived before the judgment annulling the marriage). In contrast, non-marital or illegitimate children are generally those conceived and born outside of a valid marriage.

Key References

Family Code of the Philippines (Executive Order No. 209, as amended), Articles 164–165

2. Status and Recognition

A. Status

Non-marital children, despite not being born of a valid marriage, are still recognized as children under Philippine law and are entitled to certain rights, including support and inheritance.

B. Voluntary Acknowledgment / Recognition

A father may acknowledge or recognize a non-marital child by:

Executing an Affidavit of Acknowledgment or Admission of Paternity – Often filed alongside the child's birth certificate or separately (e.g., a notarized document).
Allowing the child to use his surname through an Affidavit of Admission of Paternity – Required by Republic Act No. 9255.
Public declaration or any unequivocal statement in official documents.

Once paternity is acknowledged, the father’s responsibilities (e.g., child support, possible custodial rights) can be more readily enforced by law.

C. Involuntary Determination of Paternity

In some cases, if the alleged father does not voluntarily acknowledge the child, the mother or guardian may file a paternity case in court to establish paternity through evidence (which can include DNA testing). Once the court declares paternity, the father is legally obligated to recognize and support the child.

3. Use of Surname

Historically, illegitimate children were required to use their mother’s surname. However, Republic Act No. 9255 (2004) introduced the right of an illegitimate child to use the father’s surname if:

Paternity is acknowledged either in the birth certificate or in a separate public document.
The father executes an Affidavit of Admission of Paternity, consenting to the use of his surname.

In 2014, the Supreme Court clarified that if the father has recognized the child, the child’s right to use the father’s surname may not be arbitrarily withheld.

Key References

Family Code, Article 176 (as amended by R.A. 9255)
SC Decisions on the mandatory use of the father’s surname if acknowledged

4. Right to Support

A. Obligation of Parents

Both legitimate and illegitimate children are entitled to receive support from both parents. This principle stems from the Family Code, which states that parents have the obligation to provide for the support of their children, regardless of the child’s legitimacy.

Support includes everything indispensable for sustenance, dwelling, clothing, medical or dental care, education, and transportation (in line with the family’s financial capacity).

B. Enforcement of Support

A recognized illegitimate child can file a petition for child support against the father (or mother, in some cases).
If the father has not voluntarily recognized the child, the mother or guardian must first legally establish paternity (e.g., paternity suit) before a court can order support.

Key References

Family Code, Articles 194–208

5. Right to Inheritance

A. Compulsory Heirs

Illegitimate children are compulsory heirs under Philippine law. This means they cannot be deprived of their “legitime,” which is a reserved portion of the estate that the decedent must leave to certain heirs by operation of law.

B. Reduced Legitime

While illegitimate children are compulsory heirs, their share is generally half of the share of a legitimate child. For example, if the legitimate child is entitled to (x) portion of the estate, the illegitimate child would be entitled to (x/2).

C. Successional Rights

An illegitimate child can inherit from his or her father or mother if paternity or maternity is duly established.
However, an illegitimate child cannot represent his/her parent for inheritance purposes from the parent’s ascendants (i.e., cannot claim what the father or mother would have inherited from grandparents) except in rare instances provided by law.

Key References

Civil Code provisions on succession (Articles 887, 176, 982, 983, 995, etc.)
Family Code for consistent reading with Civil Code provisions on inheritance

6. Parental Authority and Custody

A. General Rule

For illegitimate children, parental authority is vested solely in the mother. The Family Code explicitly states that in the case of an illegitimate child, the mother exercises parental authority (including custody) over the child.

B. Father’s Role

The father of an illegitimate child does not automatically enjoy parental authority.
If the child is recognized and the mother is deemed unfit or unable to care for the child, the father may petition the court to obtain custody or to exercise substituted parental authority.

Key References

Family Code, Article 176 (before and after amendment by R.A. 9255)
Relevant Supreme Court rulings affirming mother’s custody

7. Legitimation

A. Definition

Legitimation is a process by which an illegitimate child is “raised” to the status of legitimacy after the subsequent valid marriage of the parents.

B. Conditions

Under the Family Code, legitimation takes place by the subsequent valid marriage of the parents (Article 178), provided:

At the time the child was conceived, the parents could have validly married each other (i.e., no legal impediment to marry).
The child is recognized by the father or both parents.

If a legal impediment (e.g., one parent was still lawfully married to another person) existed at the time of conception or birth, legitimation will not occur even if the parents eventually marry.

C. Effects

Once legitimated, the child enjoys the same rights as if born in wedlock, including full inheritance rights akin to a legitimate child.

Key References

Family Code, Articles 177–182

8. Discrimination and Constitutional Provisions

A. Constitutional Protection

The 1987 Philippine Constitution mandates the State to protect the family and the welfare of children. It also states that no child shall be discriminated against by reason of birth.

B. Legislative Intent

Modern Philippine legislation and jurisprudence consistently aim to eliminate the stigma and discrimination against children born out of wedlock. Although distinctions in inheritance remain, courts generally interpret laws to safeguard the welfare and best interests of the child.

9. Relevant Jurisprudence

De Jesus v. Estate of Dizon – Clarifies rules on inheritance rights of illegitimate children.
Briones v. Miguel – Discusses paternal recognition and support obligations.
SSS v. Davac – Explains that illegitimate children may receive death benefits if recognized.
Calica v. Calica – Reiterates that an illegitimate child is entitled to compulsory heir status and must be included in the partition of the estate.

These cases (among others) reflect how the Supreme Court resolves issues of recognition, support, inheritance, and parental authority involving illegitimate children.

10. Practical Considerations

Documentary Requirements
- Birth certificate indicating the child’s illegitimate status (where father’s name may or may not appear).
- Affidavits of Acknowledgment, Court Orders of Recognition or Paternity (if needed).
Support Claims
- Keep records of expenses.
- If father denies paternity, be prepared for DNA testing or other evidence.
Inheritance Claims
- Being recognized or establishing recognition is crucial for smoother inheritance proceedings.
- Act promptly to assert inheritance rights, especially if there are other heirs disputing the share.
Custody and Parental Authority
- The mother generally has sole parental authority; however, father’s recognition can lead to visitation or custody claims if in the child’s best interests.

11. Conclusion

In the Philippines, non-marital (illegitimate) children, though subject to different rules compared to legitimate children, are nonetheless protected by law. They enjoy:

Right to support from both parents.
Right to use the father’s surname (subject to proper recognition and documentation).
Right to inheritance (as compulsory heirs, though at half the share of legitimate children).
Parental authority vested primarily in the mother.
Potential legitimation upon subsequent valid marriage of the parents, provided no impediment existed.

Over the years, legislative reforms and Supreme Court rulings have progressively affirmed the principle that a child’s welfare and best interests are paramount—seeking to eliminate historical biases and ensure non-marital children receive due protection and respect for their rights.

Disclaimer

This article is for general informational purposes only and does not constitute legal advice. For specific cases or concerns, especially those involving paternity suits, inheritance disputes, or custody matters, it is advisable to consult a licensed attorney in the Philippines to obtain professional guidance tailored to the particular facts of your situation.