Philippine Law Overview

1. Big Picture: Why This Topic Is Tricky

In Philippine law, estate distribution becomes legally sensitive when:

The deceased leaves an illegitimate child, and
There is a surviving parent (the father or mother of the deceased).

Both the illegitimate child and the surviving parent are generally considered compulsory heirs in different situations, and the Civil Code plus the Family Code impose mandatory minimum shares (legitimes) that cannot be ignored, even by a will.

This article walks through:

The legal status of an illegitimate child
The rights of a surviving parent
How the estate is distributed when both are heirs
What changes if there is a will, a spouse, or other heirs
Common pitfalls and practical considerations

This is a general discussion, not a substitute for advice from a Philippine lawyer on a specific case.

2. Core Concepts in Philippine Succession

2.1. Succession and Estate

Succession – the legal mode by which property, rights and obligations of a person are transmitted at death to heirs.
Estate – everything the deceased (the decedent) owned at the time of death, minus debts and obligations.

Philippine law recognizes:

Testate succession – if there is a valid will.
Intestate succession – if there is no will, or the will does not dispose of all the property.
Mixed – part testate, part intestate (very common in real life).

2.2. Compulsory Heirs and Legitimes

Compulsory heirs are those who cannot be deprived of a certain minimum share of the estate (their legitime), except for very specific legal causes of disinheritance.

Compulsory heirs typically include:

Legitimate children and descendants
In their default, legitimate parents and ascendants
Surviving spouse
Illegitimate children

The legitime is a fixed fraction of the estate prescribed by law. The balance is the free portion, which the testator can generally distribute as they wish.

3. Legal Status of an Illegitimate Child

3.1. Who Is an Illegitimate Child?

Under the Family Code, a child is illegitimate if:

The parents are not married to each other at the time of the child’s conception or birth, and
The child has not been legitimated or subsequently legitimated by the parents’ marriage in cases where legitimation is allowed.

The old distinctions (acknowledged natural, spurious child, etc.) have been unified; now they are simply illegitimate children.

3.2. Proving Filiation (Very Important in Inheritance)

For an illegitimate child to inherit, filiation must be established, usually via:

Birth certificate naming the parent
Public or private written acknowledgment
Judicial action for compulsory recognition
In some cases, open and continuous possession of the status of a child

Without proof of filiation, the child cannot successfully assert rights as a compulsory heir.

3.3. Rights of an Illegitimate Child in Succession

Key points:

An illegitimate child is a compulsory heir of his/her parent.
The illegitimate child has a legitime, but:
- It is generally less than that of a legitimate child (traditionally set at one-half of what a legitimate child would receive).
The illegitimate child can inherit:
- With legitimate children
- With a surviving spouse
- In many scenarios, alongside a surviving parent of the decedent.

However, the illegitimate child is affected by the so-called “iron curtain rule” (discussed below) when it comes to other relatives.

4. Role of the Surviving Parent as Heir

The surviving parent may be:

The parent of the deceased child (when the one who dies is the illegitimate child), or
The parent of the deceased parent (when the one who dies is the parent and the heir is the illegitimate child).

In the topic you gave, the more common question is:

A person dies leaving an illegitimate child and a surviving parent (the decedent’s father or mother). How is the estate divided?

But for completeness, this article will touch on both directions.

4.1. Legitimate Parents and Ascendants

Legitimate parents/ascendants are compulsory heirs only if there are no legitimate descendants.

In intestate succession, they belong to a certain “order of succession” and may be excluded by others (e.g., children).

As compulsory heirs, they have their own legitime, typically:

Up to one-half of the estate when they are the main compulsory heirs (in the absence of legitimate children/descendants).

4.2. Parents of an Illegitimate Child

When the illegitimate child dies, his/her father or mother may also inherit from the child as a compulsory heir, subject to:

The presence or absence of the child’s own descendants and spouse
The “iron curtain rule,” which does not bar succession between the illegitimate child and his/her parents, but does affect other legitimate relatives

5. The Iron Curtain Rule (Article 992 Civil Code)

A crucial rule in Philippine succession law:

There is no intestate succession between an illegitimate child and the legitimate relatives of his/her parents (e.g., legitimate siblings of the parent, legitimate grandparents, etc.), except the parent himself/herself.

Practical effect:

An illegitimate child cannot inherit intestate from the legitimate siblings or legitimate parents of his father/mother.
Those legitimate relatives also cannot inherit intestate from the illegitimate child.

However:

There can be intestate succession between the illegitimate child and his/her own father or mother.
Thus, the surviving parent and the illegitimate child can be heirs of each other.

6. Main Scenario: Deceased Leaves an Illegitimate Child and a Surviving Parent

Assume:

The decedent is the parent.
The decedent leaves:
- At least one illegitimate child
- At least one surviving parent (the decedent’s own father/mother)
We will vary whether there is:
- A surviving spouse
- Other legitimate or illegitimate children

6.1. Testate Succession (With a Will)

When there is a will, the testator can:

Designate heirs (including strangers), and
Assign particular shares or properties,

But the testator cannot impair the legitimes of:

The illegitimate child, and
The surviving parent, if the law treats that parent as a compulsory heir in that combination.

Key principles:

Illegitimate child’s legitime
- As a rule, an illegitimate child’s legitime is proportionally smaller than that of a legitimate child and cannot exceed the legitime of a legitimate child.
- If there are no legitimate children, the illegitimate child is still entitled to a substantial legitime from the estate.
Legitimate parent’s legitime
- Legitimate parents typically have a legitime of up to one-half of the estate if they are the main compulsory heirs (no legitimate descendants, but there may be other heirs).
- When other compulsory heirs (like illegitimate children, or a spouse) are present, the respective shares are adjusted by statute.
Free portion
- After deducting all legitimes, the balance of the estate is the free portion, which the testator can assign to:
  - Any heir (including increasing the share of the illegitimate child or parent),
  - Non-relatives, or even charities.
Disinheritance
- The testator may deprive a compulsory heir (illegitimate child or parent) of their legitime only through valid disinheritance:
  - Must state a cause expressly allowed by law (e.g., attempt against the life of the testator, maltreatment, unjust refusal of support, etc.).
  - Must be formally made in a will.
- An invalid disinheritance will not deprive the compulsory heir of the legitime.
Preterition
- If a compulsory heir in the direct line (e.g., child or parent) is totally omitted in the will:
  - The institution of heirs may be annulled in whole or in part.
  - The omitted compulsory heir will receive what the law grants (often leading to partial intestacy).

6.2. Intestate Succession (No Will)

If the decedent dies without a will, the Civil Code prescribes:

An order of intestate succession (which classes of heirs come first), and
How the estate is divided among the heirs who actually succeed.

In a simplified view:

Descendants (children, grandchildren) generally come before ascendants (parents, grandparents).
However, illegitimate children are treated differently from legitimate children in the order and in their shares.
Legitimate parents and ascendants may still inherit even if there is an illegitimate child, depending on the detailed scheme of the Code.

This is why, in many practical bar lectures and commentaries, the combination “illegitimate child + surviving parent” is treated with care:

Sometimes the parent’s share is larger,
The illegitimate child’s share is smaller than what a legitimate child would receive,
And the existence of other heirs (spouse, other children) radically changes the fractions.

Because of how technical the statutory fractions are, practitioners normally refer to succession tables summarizing legitimes and intestate shares for each combination of heirs. The pattern is constant, though:

The law protects both the illegitimate child and the surviving parent, but
It does not treat them equally, and
It never gives the illegitimate child more than a legitimate child would receive in the same situation.

7. How Other Heirs Affect the Distribution

Even when you start with “illegitimate child + surviving parent,” the actual division changes a lot depending on who else exists.

7.1. If There Is a Surviving Spouse

A surviving spouse is also a compulsory heir and is often given a legitime:

Equal to a fixed fraction of the estate, or
Equal to the share of one child, depending on the combination of heirs.

With:

Illegitimate child + surviving parent + spouse, you must consider:
- The spouse’s legitime
- The illegitimate child’s legitime
- The legitimate parent’s legitime (if applicable)
- The free portion

The result is usually a three-way split (plus any free portion), with the illegitimate child typically receiving the smallest fraction among the compulsory heirs.

7.2. If There Are Other Children

Additional illegitimate children – they share between themselves the portion allocated for illegitimate children.
Legitimate children – they dramatically change the computation:
- Legitimate children generally have priority and larger legitimes.
- Illegitimate children then get shares typically half that of each legitimate child.
- Legitimate parents are often excluded by legitimate children.

The presence of legitimate children can, in some scenarios, entirely remove the surviving parent from the list of heirs, while not completely excluding the illegitimate child.

8. Reverse Scenario: The Illegitimate Child Dies Leaving a Surviving Parent

Consider the opposite situation:

The decedent is the illegitimate child.
The illegitimate child leaves:
- A surviving parent (father or mother), and
- Possibly a spouse or descendants of his/her own.

Key principles:

If the illegitimate child leaves no descendants and no spouse, the surviving parent becomes a primary heir and can receive a significant portion (or even all) of the estate, subject to the presence of other heirs allowed by law.
Legitimate relatives of that parent (e.g., siblings, grandparents of the illegitimate child) are blocked from inheriting intestate due to the iron curtain rule.
If the illegitimate child leaves his/her own children or a spouse, those heirs generally come before ascendants (parents) and will substantially reduce the parent’s share.

9. Practical and Procedural Considerations

9.1. Establishing Filiation and Heirship

Before any distribution:

The illegitimate child’s status must be established with documents or judicial recognition.
The surviving parent’s relationship must be proved (birth certificate, etc.).
The existence of any spouse or other children must be ascertained.

Heirs often need to secure:

Birth certificates
Marriage certificates (if any)
Death certificate of the decedent
Documents showing properties and debts of the decedent.

9.2. Extra-judicial Settlement vs. Judicial Proceedings

If all heirs are of legal age and agree on the division, and there are no debts (or debts have been fully paid), they may execute an extra-judicial settlement.
If:
- There is disagreement among heirs, or
- There are minors, or
- Complex questions of filiation or validity of a will are involved,
then a judicial settlement of estate or probate of will will be needed.

9.3. Estate Tax and Documentation

Regardless of legitimacy:

The estate itself is subject to estate tax (subject to thresholds and exemptions under current tax law).
Proper estate tax return filing and settlement documentation will be required to transfer titles (e.g., in the Registry of Deeds, LTO for vehicles, banks for deposits).

10. Key Takeaways

Both an illegitimate child and a surviving parent can be compulsory heirs under Philippine law, depending on the specific family composition.
An illegitimate child’s share is legally protected, but:
- It is structurally smaller than a legitimate child’s.
- It can never be greater than a legitimate child’s share in a similar configuration.
A surviving parent can inherit:
- From the child (including an illegitimate child), and
- Alongside an illegitimate child when that parent’s child (the decedent) dies, subject to the presence of other heirs.
The iron curtain rule prevents intestate inheritance between an illegitimate child and the other legitimate relatives of the parent (siblings, legitimate grandparents, etc.), but not between the child and the parent themselves.
The exact fractions of the estate depend on:
- Presence of a will
- Existence of a surviving spouse
- Whether there are legitimate children, other illegitimate children, or other ascendants
You cannot simply “will away” the share of an illegitimate child or a surviving parent:
- Their legitime must always be respected, unless there is valid disinheritance on a legal ground.

Because the actual computation of shares is highly technical and depends on every detail of the family situation, anyone facing a real case of estate distribution involving an illegitimate child and a surviving parent in the Philippines should consult a practicing lawyer or notary who handles succession and estate planning, bringing all relevant civil registry documents and information on the estate.