What are the inheritance rights of an illegitimate child under Philippine law?
In the Philippines, the inheritance rights of an illegitimate child are governed by the Family Code and the Civil Code. An illegitimate child, or a child born outside a valid marriage, is entitled to inherit from their biological parents. However, their inheritance rights differ from those of legitimate children.
Inheritance Rights of Illegitimate Children
Under Philippine law, an illegitimate child is entitled to receive a portion of their parent's estate upon the parent's death. Specifically, an illegitimate child is entitled to one-half of the share that a legitimate child would receive. This means that if a legitimate child is entitled to a certain amount of inheritance, an illegitimate child will receive only half of that amount.
For example, if a legitimate child is entitled to inherit 100,000 pesos, an illegitimate child would only be entitled to 50,000 pesos.
No Rights to the Estate of the Parent's Spouse
It is important to note that an illegitimate child has no legal right to inherit from the legal spouse of their parent (i.e., the child's stepmother or stepfather). The inheritance rights of an illegitimate child are limited to their biological parent's estate.
Rights to Support
Aside from inheritance, an illegitimate child is also entitled to receive support from their biological parent during the parent's lifetime. Support includes everything indispensable for sustenance, dwelling, clothing, medical attendance, education, and transportation. This right to support exists whether or not the parents were married, provided that the child is acknowledged by the biological parent.
Acknowledgment and Proof of Filial Relationship
For an illegitimate child to exercise their inheritance rights, they must be acknowledged by their biological parent. Acknowledgment can be done in several ways, including the parent signing the child's birth certificate, executing a notarized document of acknowledgment, or through a court declaration of paternity.
In the absence of formal acknowledgment, an illegitimate child can still claim inheritance by providing clear and convincing evidence of their relationship with the deceased parent. This may involve presenting documents, testimony, or other proof that establishes the biological link.
The Role of the Legal Wife
The legal wife of the deceased does not have the authority to deny or withhold the inheritance share of an illegitimate child. The law protects the right of the illegitimate child to receive their rightful share of the inheritance, regardless of any personal or family conflicts. If the legal wife or other heirs refuse to give the illegitimate child their share, the child has the right to seek legal remedies, such as filing a case for the partition of the estate or a claim for their inheritance.
Conclusion
In summary, an illegitimate child in the Philippines is entitled to inheritance from their biological parent but only to one-half of the share of a legitimate child. They do not have rights to the estate of the parent's legal spouse. It is crucial for an illegitimate child to be formally acknowledged by their parent to assert their inheritance rights, and any refusal by other heirs to grant these rights can be challenged in court.