Transferring Land Titles to Children from the First Marriage in the Philippines

Question: Is it possible to transfer a land title to children from the first marriage if the father is married to his second wife?

Inheritance and Property Rights in the Philippines

Inheritance laws in the Philippines are governed by the Civil Code, which outlines the distribution of a deceased person's estate. The key concepts relevant to transferring land titles to children from the first marriage involve understanding the rules of succession, the rights of heirs, and the process of estate settlement.

Types of Property

1. Conjugal Property: Property acquired during the marriage, which is co-owned by the spouses.
2. Exclusive Property: Property owned by one spouse before the marriage or acquired during the marriage through inheritance or donation.

Intestate Succession

If the deceased did not leave a will, the estate is distributed according to the rules of intestate succession:

1. Legitimate Children and Descendants: Legitimate children, whether from the first or second marriage, are compulsory heirs. They are entitled to equal shares of the estate.
2. Surviving Spouse: The surviving spouse is also a compulsory heir and is entitled to a portion of the estate.

Steps to Transfer Land Title to Children from the First Marriage

1. Estate Settlement

   • Extrajudicial Settlement: If all heirs are in agreement and there is no will, the heirs can settle the estate extrajudicially. This involves executing an "Extrajudicial Settlement of Estate" document, which must be signed by all heirs and notarized.
   • Judicial Settlement: If there are disputes among the heirs, a court proceeding may be necessary to settle the estate.

2. Payment of Estate Taxes

   • The estate must pay the necessary estate taxes to the Bureau of Internal Revenue (BIR). The BIR will issue a Certificate Authorizing Registration (CAR) upon payment.

3. Transfer of Title

   • Obtain CAR: Submit the extrajudicial settlement document, proof of payment of estate taxes, and other required documents to the BIR to obtain the CAR.
   • Register with Registry of Deeds: Present the CAR, original land title, extrajudicial settlement document, and other required documents to the Registry of Deeds to transfer the title to the heirs.
   • Update Tax Declaration: Update the tax declaration of the property with the local Assessor's Office to reflect the new ownership.

Rights of the Second Wife

The second wife, as the surviving spouse, is entitled to her share of the estate. If the property in question is conjugal property acquired during the second marriage, the second wife has a right to her share of the conjugal property, and the remaining share is distributed among all heirs, including children from both marriages.

Conclusion

Transferring a land title to children from the first marriage is possible under Philippine inheritance laws, provided that the estate is settled according to the rules of intestate succession or as specified in a will. The process involves settling the estate either extrajudicially or judicially, paying the necessary estate taxes, and registering the transfer with the Registry of Deeds. It is essential to consider the rights of all compulsory heirs, including the surviving spouse and children from both marriages, to ensure a fair and legal distribution of the estate.