Inheritance Rights of Children of a Second Marriage in the Philippines
A comprehensive legal article (updated to July 2025)
1. Why the “second-marriage” question matters
When a Filipino parent dies, the estate must be distributed strictly according to the Civil Code of 1950 (Arts. 960-1105), the Family Code of 1987 (FC Arts. 887-922; 174-182) and related special laws. Children from a second union may be:
| Scenario | Status of the children | Consequence for inheritance |
|---|---|---|
| The first marriage was properly dissolved (death, annulment, declaration of nullity) before the second wedding | Legitimate | They inherit exactly the same as children of the first marriage. |
| The first marriage still existed, making the second a bigamous/void marriage | Illegitimate (FC Art. 175 ¶2) | They inherit, but only ½ of the share of each legitimate child (CC Art. 895) and cannot inherit by intestacy from legitimate relatives of their parent beyond that parent (Art. 992 “iron curtain”). |
| The first marriage was void from the beginning for other reasons (no licence, psychological incapacity, etc.) and the parents of the second union later marry validly | Children may be legitimated by the subsequent valid marriage (FC Art. 177) or by RA 9858 (2009) if the first union was void under Art. 36 or lacked a licence. | Once legitimated they enjoy full rights as legitimate children. |
| Children are legally adopted by the second spouse | Legitimate by fiction of law (Domestic Adoption Act, RA 8552; RA 11642) | They inherit from the adoptive parent and vice-versa as legitimate heirs. |
| Children are step-children only (not adopted) | Not compulsory heirs | They inherit only if named in a will. |
2. The governing statutes and constitutional principles
Civil Code Arts. 887-927 (legitime rules) and 960-1105 (succession).
Family Code (E.O. 209, as amended): legitimacy (Arts. 163-182), property regimes (Arts. 75-148), succession (Arts. 887-923).
Constitution, Art. XV: State protection of the family and children.
Special laws
- RA 9858 (legitimation of children born to parents in a void marriage).
- RA 11222 (administrative legitimation of children whose births were simulated).
- Adoption laws (RA 8552, RA 9523, and RA 11642).
3. Are the children legitimate or illegitimate?
- Legitimate (FC Art. 164) if conceived within a valid marriage or within 300 days after its dissolution.
- Illegitimate if born outside a valid marriage except when legitimated or adopted.
- Presumption of legitimacy: A child born to a woman married to a man cannot be impugned except in the limited paternity contest under FC Arts. 166-170.
Tip: Legitimacy drives the size of the legitime and whether the “iron curtain” of Art. 992 applies.
4. Compulsory heirs and the order of intestate succession
| Rank | Compulsory heir | Legitime | Code basis |
|---|---|---|---|
| 1 | Legitimate children & descendants | ½ of the net estate divided equally | CC 888, 891-892 |
| 2 | Surviving spouse | Share equal to one legitimate child (taken from the same ½) | CC 892 |
| 3 | Illegitimate children | ½ of a legitimate child’s share each, drawn from the free portion (never from the legitime of legitimate heirs) | CC 895, FC 176 |
| 4 | Legitimate parents or ascendants | Substitute only if no legitimate descendants | CC 889 |
| 5 | Other heirs (collaterals, strangers) | Only from the free portion or by intestacy if no compulsory heirs | CC 960-1016 |
Children of the second marriage, if legitimate, sit in Rank 1 along with children of the first marriage.
5. Intestate succession examples
Example A — Both marriages valid Estate P 6 million; decedent leaves:
- 2 legitimate children from first marriage (A, B)
- 1 legitimate child from second marriage (C)
- current spouse (S₂)
| Heir | Formula | Share |
|---|---|---|
| A, B, C | Each gets 1/4 of the estate | P 1.5 M each |
| S₂ | Same as 1 legitimate child = 1/4 | P 1.5 M |
| Total | P 6 M |
Example B — Second marriage void (bigamy) Same estate but C is illegitimate; first spouse S₁ had earlier died.*
| Heir | Share |
|---|---|
| A & B (legitimate) | P 2 M each (total P 4 M) |
| Free portion (P 2 M) | C’s legitime = ½ legitimate child = P 1 M; remainder P 1 M may be given by will; if no will it passes by intestacy to A & B under Art. 960 ff. |
C cannot inherit intestate from A or B later by reason of Art. 992 (“iron curtain”).
6. Testamentary succession and legitime calculations
- The testator may dispose only of the “free portion.”
- Legitime when legitimate children, surviving spouse, and illegitimate children all exist (common in second-marriage families):
| Portion | Amount | Who receives |
|---|---|---|
| ½ of estate | Legitimate children & surviving spouse (as a child) share pro-rata | CC 892 |
| From the free portion | Illegitimate children take ½ the share of a legitimate child each; the remainder of the free portion is disposable | CC 895 |
A will that infringes these shares may be reduced in an action for reduction (Art. 906).
7. Property regimes and the mass of the estate
| Marriage date | Default property regime | Estate includes… |
|---|---|---|
| Before 3 Aug 1988 | Conjugal Partnership of Gains (CPG) | ½ of CPG + exclusive property of decedent |
| On/after 3 Aug 1988 | Absolute Community of Property (ACP) | ½ of ACP + exclusive property |
The surviving second spouse keeps his/her ½ share of the community; only the decedent’s ½ goes into the estate.
8. Void and voidable second marriages
Bigamous marriage (Art. 35 (4) FC) is void ab initio.
Effects on children
- They are illegitimate (Art. 165) but may use the father’s surname when acknowledged (RA 9255).
- They are still compulsory heirs (Art. 887 (3)) with the reduced legitime of Art. 895.
Property acquired in a void union
- Governed by Art. 147 (cohabitation in good faith) or Art. 148 (bad faith).
- Only the share belonging to the deceased parent under Art. 147/148 forms part of the estate.
9. Legitimation pathways important to second marriages
| Mode | Requirements | Result |
|---|---|---|
| Art. 177 Family Code | Subsequent valid marriage of parents who, at the time of conception, had no legal impediment to marry (e.g., underage, absence of licence). | Child becomes legitimate, retroactive to birth. |
| RA 9858 (2009) | Parents’ first marriage void due to Art. 36, lack of licence, etc.; they subsequently marry validly. | Same effect as above. |
| Administrative legitimation (RA 11222, 2019) | Simulated birth record, now admitted and rectified. | Child deemed legitimate. |
10. Jurisprudence to remember
| Case | G.R. No. | Key doctrine |
|---|---|---|
| Heirs of Don Bartolome Gerona v. Court of Appeals | 100582 (1993) | Illegitimate children are compulsory heirs but get only ½ share. |
| Diaz v. IAC | 66440 (1986) | Surviving spouse’s legitime equals that of a legitimate child. |
| Spouses Abalos v. Court of Appeals | 103554 (1999) | Art. 147 co-ownership applies to unions void for absence of licence. |
| Alcantara v. Alcantara | 148140 (2003) | Art. 992 barrier upheld; no intestate succession between legitimate and illegitimate collateral relatives. |
| Tan-Andal v. Andal | 196359 (2021) | Clarified psychological incapacity as legal—not medical—concept (impacts nullity actions in first & second marriages). |
| Republic v. Cagandahan | 166676 (2008) & Republic v. Garciano | Recognition of children’s status affects succession rights. |
(Up to July 2025, Art. 992 “iron curtain” is still good law, despite calls for legislative reform.)
11. Disinheritance, preterition, and estate settlement
Disinheritance of a compulsory heir (including children of either marriage) is allowed only on the specific grounds in CC Arts. 919-921, by notarial will stating the cause.
Preterition (entire omission) of compulsory heirs anniversaries the institution of heirs but keeps devises and legacies if compatible (Art. 854).
Settlement options
- Extrajudicial settlement (Rule 74, Rules of Court): allowed if no will and all heirs are of age or duly represented.
- Judicial settlement or probate: required if there is a will, a minor heir, or dispute.
- Estate tax clearance from the BIR is mandatory before partition (NIRC, Sec. 94).
12. Practical guidance for blended families
- Document marriages and dissolutions meticulously; legitimacy hinges on dates.
- Keep property records to distinguish exclusive property from community property.
- Execute a clear will observing legitime rules; or use pre-partition agreements under Art. 1080.
- Consider adoption or legitimation if you wish step-children or illegitimate children to enjoy full rights.
- Update life-insurance and retirement beneficiaries—these pass outside the estate but may still be subject to collation if paid to compulsory heirs.
- Seek early legal advice; succession planning is cheaper than litigation among first- and second-family heirs.
13. Conclusion
Under Philippine law, who a child’s parents are—and whether the second marriage was valid—determines the child’s status, and status dictates share. Legitimate children of the second marriage stand shoulder-to-shoulder with the first family; illegitimate children inherit a smaller compulsory share but are never totally excluded. The interplay of legitimacy rules, property regimes, and legitime formulas makes estate planning essential for blended Filipino families.
This article is for educational purposes and is not a substitute for personalized legal advice.