Letter to an Attorney

Dear Attorney,

Good day.

I seek your professional advice regarding an inheritance concern involving legitimate and illegitimate children under Philippine law.

If an illegitimate child is entitled to a half share of a legitimate child, and the deceased father, Sergio, left a total share equivalent to 12/60, how would this be distributed among six legitimate children and four illegitimate children?

I want to ensure that the calculation and distribution comply with the Family Code and related jurisprudence. Your guidance would be greatly appreciated in clarifying the matter.

Sincerely,
A Concerned Beneficiary

Legal Analysis and Distribution of Shares Under Philippine Law

Understanding the Legal Framework

Inheritance rights in the Philippines are governed by the Civil Code of the Philippines, as amended by the Family Code, and related jurisprudence. Specifically, the rules on intestate succession define how the estate of a deceased individual is distributed among heirs, taking into account distinctions between legitimate and illegitimate children.

Key Legal Principles

Legitimate vs. Illegitimate Children
- Legitimate children are born during a valid marriage or are otherwise recognized as legitimate under the law.
- Illegitimate children are born outside a valid marriage but are recognized by the deceased parent.
- Article 992 of the Civil Code disqualifies illegitimate children from inheriting from legitimate relatives other than their parents and siblings.
Inheritance Share
Article 176 of the Family Code provides that illegitimate children are entitled to inherit one-half (1/2) of the share of a legitimate child. This principle applies in both testate and intestate succession, provided that no disinheritance or other legal impediment exists.
Common Pool for Legitimate and Illegitimate Children
- When calculating inheritance, the shares of all children—legitimate and illegitimate—are drawn from the same hereditary estate.
- The distribution must maintain the 1:0.5 ratio between legitimate and illegitimate shares.

Application to the Present Concern

The total hereditary share left by Sergio is 12/60, which translates to a simplified fraction of 1/5 of the estate. This will be allocated among his six legitimate children and four illegitimate children.

Step-by-Step Distribution

Determine the Ratio of Shares
- Each legitimate child gets 1 share.
- Each illegitimate child gets 0.5 shares.
The total share pool is calculated as follows:
[ (6 \times 1) + (4 \times 0.5) = 6 + 2 = 8 ]

The estate will be divided into 8 equal parts.
Calculate the Value of Each Part
Since the total estate share of Sergio is 12/60 = 1/5, each part is:
[ \text{Value per share} = \frac{1/5}{8} = \frac{1}{40} ]
Assign Shares to Each Heir
- Each legitimate child gets 1 part:
  [ \text{Share of each legitimate child} = 1 \times \frac{1}{40} = \frac{1}{40} ]
- Each illegitimate child gets 0.5 parts:
  [ \text{Share of each illegitimate child} = 0.5 \times \frac{1}{40} = \frac{1}{80} ]
Convert to Common Denominator for Distribution
For ease of presentation, convert the fractions to a common denominator:
- Legitimate child’s share:
  [ \frac{1}{40} = \frac{2}{80} ]
- Illegitimate child’s share:
  [ \frac{1}{80} ]
The distribution per child is therefore:
- Each legitimate child: (\frac{2}{80})
- Each illegitimate child: (\frac{1}{80})
Aggregate Shares by Category
- Total for 6 legitimate children:
  [ 6 \times \frac{2}{80} = \frac{12}{80} ]
- Total for 4 illegitimate children:
  [ 4 \times \frac{1}{80} = \frac{4}{80} ]
Combined, these add up to the total estate share:
[ \frac{12}{80} + \frac{4}{80} = \frac{16}{80} = \frac{1}{5} ]

Practical Distribution

If the estate’s monetary equivalent is determined, each heir’s share can be directly calculated. For example, if the estate value is ₱1,000,000:

Legitimate child: ( \frac{2}{80} \times ₱1,000,000 = ₱25,000 )
Illegitimate child: ( \frac{1}{80} \times ₱1,000,000 = ₱12,500 )

Legal Notes and Considerations

The recognition of illegitimate children is critical. Without formal acknowledgment, illegitimate children may face challenges in claiming their share.
If there are debts or other obligations, the net estate (after deducting liabilities) is used for distribution.
The legitime of legitimate children is protected under Article 887 of the Civil Code. This means their minimum inheritance cannot be impaired unless validly disinherited.

Conclusion

Under Philippine law, the distribution of Sergio’s 12/60 share of the estate among his six legitimate children and four illegitimate children adheres to the 1:0.5 ratio as established in the Family Code. This ensures compliance with the legal protections afforded to all heirs while balancing the distinction between legitimate and illegitimate children.