Inheritance Rights of Illegitimate Children
In the Philippines, inheritance is governed by the New Civil Code, which has specific provisions concerning the rights of legitimate and illegitimate children. While legitimate children have a broader range of inheritance rights, it is a common misconception that illegitimate children have no rights at all. This is far from the truth; illegitimate children have their own set of rights codified in law, albeit with some limitations compared to their legitimate counterparts.
Legal Provisions
Under Article 176 of the Family Code of the Philippines, illegitimate children have the right to use the surname of their mother and are entitled to support. For inheritance purposes, Article 992 of the New Civil Code explicitly states that an illegitimate child has no right to inherit from the legitimate children and relatives of his father or mother; neither do the latter have the right to inherit from him.
Inheritance Share
Nevertheless, illegitimate children are entitled to inherit from their deceased parent's separate properties if they leave no legitimate descendants or ascendants. According to Article 887(4), the share of illegitimate children is generally half the share of legitimate children.
The Role of a Will
A parent may also include an illegitimate child in his or her will. The inclusion doesn't mean that the child will have the same share as a legitimate child; rather, he or she is only entitled to a portion of the free portion of the estate, which is the part of the estate not reserved for compulsory heirs.
Legal Remedies
If an illegitimate child believes they have been unlawfully denied their inheritance, they can file a case in court to assert their rights. Since inheritance law can be complex, seeking legal counsel is highly advisable.
Conclusion
While the law provides for a disparity between legitimate and illegitimate children in terms of inheritance, it does not completely deny the latter their rights. It is essential for illegitimate children and their families to be aware of these rights and take appropriate legal measures to enforce them.