Dear Attorney,
I would like to ask for advice regarding a property bought by a father for his illegitimate child. The deed of sale was made when the child was only five years old, and the father acted as his guardian. The property relations between the father and his first wife, who has passed away, were under conjugal partnership. After the death of the first wife, the father married the mother of his illegitimate children. What can the legitimate children from the first marriage do to claim this property?
Insights:
Under Philippine law, property acquired during a conjugal partnership of gains generally belongs to the conjugal partnership, unless proven to have been acquired exclusively by one spouse through inheritance, donation, or personal funds. If the father purchased the property while married to his first wife, this property may be part of the conjugal assets, especially if no proof shows that the purchase was made using the father's separate assets.
The legitimate children of the first marriage may have a right to question the validity of the purchase and assert their claim over the property. This is particularly relevant because the property was bought during the existence of the conjugal partnership and may have been purchased using conjugal funds, making it a conjugal property subject to liquidation upon the dissolution of the marriage (due to the wife’s death).
The legitimate children may file an action for the liquidation of the conjugal assets. If the property was indeed acquired using conjugal funds, they may be entitled to claim their share, as they have vested rights over the estate of their deceased mother. The transfer of the property to the illegitimate child could potentially be considered a disposition of conjugal property that was not properly executed, particularly since the legitimate children were not informed or given their due share. Additionally, if the sale occurred when the child was a minor and the father acted as a guardian, this raises the issue of whether the sale had judicial approval, as required by law for guardians selling property on behalf of minors.
In summary, legitimate children may have legal grounds to challenge the transaction, claim their share from the conjugal estate, and possibly invalidate the sale if irregularities are found. It is important to consult legal counsel to explore these remedies fully and pursue the appropriate legal actions.