Can an illegitimate child inherit from their father or mother in the Philippines?
In the Philippines, the legal rights of illegitimate children to inherit from their parents are explicitly defined under the Family Code and other pertinent laws. The inheritance rights of illegitimate children, while recognized, are not equivalent to those of legitimate children. Here's a comprehensive look at these rights:
Definition of Illegitimate Children
Illegitimate children are those born to parents who are not legally married to each other at the time of the child's birth, or who were born outside of a lawful and valid marriage. The status of being illegitimate does not negate the child's right to inherit from their parents, though it does affect the share they are entitled to receive.
Inheritance Rights Under the Family Code
Under the Family Code of the Philippines, illegitimate children are entitled to inherit from their parents, but their share is generally half of what a legitimate child would receive. This is specified in Article 176 of the Family Code, which states that illegitimate children are entitled to support and to inherit through intestate succession from their parents.
Legitimate and Illegitimate Children's Share
The New Civil Code of the Philippines specifies that in the case of intestate succession (when a person dies without a will), illegitimate children receive half of the share of legitimate children. For example, if a legitimate child is entitled to inherit 100% of a particular asset, an illegitimate child would be entitled to inherit 50% of that asset.
Rights in the Absence of a Will
If the parent dies without leaving a will, the estate is distributed according to the rules of intestate succession. Here, illegitimate children will still inherit, but again, their share will be half of that of a legitimate child. The law ensures that illegitimate children are not left without support, reflecting the state's recognition of their rights despite their status.
Rights When a Will is Present
When a parent leaves a will, the testamentary dispositions are subject to the compulsory heirship provisions of the law. This means that a parent cannot completely disinherit an illegitimate child as they are considered compulsory heirs. The law mandates that a portion of the estate, known as the "legitime," must be reserved for compulsory heirs, including illegitimate children.
Legal Actions for Illegitimate Children
If the legal wife or legitimate heirs refuse to give the share of the inheritance due to an illegitimate child, the latter has the right to seek legal recourse. This can involve filing a case in court to claim their rightful share of the inheritance. It is advisable for illegitimate children to consult with a lawyer to understand the legal steps involved and to ensure their rights are protected.
Conclusion
Illegitimate children in the Philippines have clear rights to inherit from their parents, though these rights are not on par with those of legitimate children. They are entitled to half the share of a legitimate child and are protected under the Family Code and Civil Code. In case of disputes, legal action can be taken to claim their rightful inheritance. Understanding these rights is crucial for ensuring that illegitimate children receive the support and inheritance due to them under Philippine law.