Disclaimer: The following discussion is for informational purposes only and does not constitute legal advice. For specific concerns about inheritance, estate planning, and family law in the Philippines, consult a qualified lawyer.

Overview

In the Philippine legal system, inheritance or succession is mainly governed by the Civil Code of the Philippines (Republic Act No. 386) and modified by certain provisions of the Family Code of the Philippines (Executive Order No. 209, as amended). When a person (the “decedent”) passes away, the division of his or her estate among heirs is determined by law, by will (testate succession), or a combination of both.

One frequently encountered situation involves the decedent’s children (from a prior relationship or marriage) and the decedent’s new or second spouse. In these cases, three key concepts typically come into play:

Legitime and forced heirs
The different property regimes in marriage
Priority rules or shares when dividing the estate

This article explores how Philippine law treats the inheritance rights of natural (i.e., biological) children and a second spouse, what to do if a last will and testament exists, and how shares are computed in both testate and intestate scenarios.

Key Definitions and Concepts

1. Forced Heirs

Under Philippine law, certain relatives cannot be deprived of their “legitime,” which is the portion of the estate reserved by law. These relatives are called compulsory (forced) heirs. They include:

Legitimate children and descendants
Legitimate parents and ascendants (in default of children and descendants)
Surviving spouse
Illegitimate children (entitled to a legitime equal to half of that of legitimate children)

Note that “natural children” is an older term sometimes used for biological children—who may be legitimate or illegitimate. Modern statutes and jurisprudence generally refer to “legitimate children” (born within a valid marriage) and “illegitimate children” (born outside a valid marriage). Regardless of classification, both are considered compulsory heirs, but the shares differ.

2. Legitime

The legitime is the part of the estate that the testator (the one who makes the will) cannot dispose of freely. The compulsory heirs automatically receive it, whether there is a will or not. The exact proportions of the legitime depend on which heirs survive the decedent.

3. Intestate Succession vs. Testate Succession

Testate succession: The decedent leaves a valid last will and testament. However, even with a will, the decedent cannot violate the compulsory heirs’ legitimes.
Intestate succession: The decedent leaves no will, or the will is invalid, or does not dispose of all the property. In that event, Philippine law (the Civil Code) prescribes how the estate is to be divided among the legal heirs.

4. Property Regime in Marriage

The property regime that governs the marriage affects which properties are part of the estate to be distributed among heirs:

Absolute Community of Property (ACP): By default (for marriages after the effectivity of the Family Code in 1988), all properties owned by the spouses prior to the marriage and those acquired during the marriage generally form part of the community property, except for certain exclusions (e.g., those acquired by gratuitous title during the marriage if the donor or testator stated otherwise).
Conjugal Partnership of Gains (CPG): Prevails for marriages entered into before the Family Code took effect (unless otherwise agreed or provided by law). Under CPG, the spouses own separately the property they brought into the marriage, with only gains and income from their separate properties, plus properties acquired during marriage by onerous title, forming the conjugal partnership.
Complete Separation of Property: The spouses, by prenuptial agreement, may adopt this regime, in which each spouse keeps exclusive ownership of his or her property during marriage.

Understanding which regime applies to the second marriage is crucial in determining which portion forms part of the estate.

Inheritance Rights of Children vs. Second Spouse in Testate Succession

Existence of a Will
If a decedent makes a valid last will and testament, the distribution of the estate follows what is stated therein, subject to the requirement that the legitimes of compulsory heirs must be respected. No will provision can override the forced heirs’ right to the legitime.
Legitime of the Children and the Surviving Spouse
- If the decedent leaves legitimate children (regardless of whether from the first or second marriage) and a surviving spouse, their legitimes typically combine to take up at least one-half of the estate.
- If there are also illegitimate children, they share in the legitime, but each illegitimate child’s share is generally half of each legitimate child’s share.
- The surviving spouse is entitled to a legitime generally equal to the share of one legitimate child. However, the exact fraction can vary based on whether there are other surviving heirs like parents or whether there are multiple legitimate children.
Free Portion
Anything beyond the forced heir’s legitimes is called the free portion, which the testator can distribute to anyone (including a second spouse or new children) through the will. If the decedent has not violated the legitimes, he or she may freely allocate the remainder.

Inheritance Rights in Intestate Succession (No Will)

If the decedent dies without leaving a will, or if the will is invalid, Philippine law dictates how the estate is shared:

Surviving Spouse and Legitimate Children
- Together, they are considered primary compulsory heirs in intestate succession.
- Under Article 996 of the Civil Code, if there are legitimate children and a surviving spouse, they divide the entire estate among themselves.
- The standard rule is that the surviving spouse gets the same share as one legitimate child. If there is only one child, the child and the spouse typically share the estate equally (subject to adjustments in certain circumstances).
- If there are multiple legitimate children, the spouse receives an amount equivalent to one child’s share, and the children divide the remainder.
Illegitimate Children
- Illegitimate children also inherit intestate, but their share is typically half of the share of a legitimate child.
- If there are multiple illegitimate children alongside legitimate children, the estate must be allocated following the ratio provided in the law (one legitimate child’s share is double that of an illegitimate child).
Mixed Scenario: Children of the Decedent from the First Marriage vs. Second Spouse
- If the decedent had children from the first marriage, and later remarries (with no children from the second marriage), those children and the second spouse share the inheritance.
- The property regime in the second marriage determines what portion of the estate is subject to inheritance (e.g., if the decedent’s share of absolute community or conjugal partnership property is included).
No Legitimate Children but Surviving Spouse
- If there are no legitimate children, but the decedent is survived by a spouse, that spouse typically inherits all (or shares with illegitimate children, if any). Parents of the decedent might also inherit in the absence of descendants.

Common Scenarios

Scenario A: Decedent Has One Child from the First Marriage, and a Second Spouse

Regime: Suppose the second marriage was governed by Absolute Community of Property. The decedent’s share of the community forms part of the estate.
Shares: If there is one legitimate child (from the first marriage) and a surviving spouse (the second spouse), they are forced heirs. In intestate succession, they generally split the estate equally:
- 1/2 to the child
- 1/2 to the second spouse
If the decedent made a will, he or she cannot give more than half of the estate to anyone else without respecting these legitimes.

Scenario B: Decedent Has Multiple Children from the First Marriage, No Children with Second Spouse

Regime: Same as above, but we add more children.
Shares: The second spouse gets a share equivalent to one child’s portion. The remaining estate is divided among the children equally. By way of illustration:
- If the decedent left 4 children and a spouse, the estate is divided into 5 equal parts (each child gets 1 part; spouse gets 1 part).

Scenario C: Decedent Has Illegitimate Children (Natural Children Not Validly Recognized During the First Marriage) and a Second Spouse

If the children are illegitimate, each child’s share is half that of a legitimate child, but still recognized as a compulsory heir.
The surviving second spouse is also a forced heir and shares in the distribution, with an allotment typically equal to what one legitimate child would receive (or a specific fraction of the estate in testate succession).

Scenario D: Decedent Has a Will that Favors the Second Spouse

The first step is to calculate the legitimes of all compulsory heirs (children and spouse).
The second spouse’s share can be increased only if the will does not impair the children’s legitimes. The children can invoke “reduction” of testamentary dispositions (also called collation or legal reduction) if their legitimes are not respected.

Rights of the Children in Relation to Property from the First Marriage

In practice, some children believe that property acquired during the first marriage belongs exclusively to them. However, property law in the Philippines depends on which regime governed the first and the second marriages and who actually owns or contributed to the property. Key points:

If the property was exclusively owned by the decedent prior to the second marriage, that property generally forms part of the decedent’s capital or separate property (under CPG) or forms part of the absolute community (under ACP), subject to any exclusions.
Children cannot claim exclusive ownership of the property unless there was a prior deed of distribution or the property was exclusively inherited by them upon the death of their parent (and no reclassification has occurred).
The children and the second spouse will typically share in the distribution of whatever forms the estate of the decedent.

Managing Inheritance Disputes

Conflicts between children (from a prior marriage) and a second spouse often arise due to misunderstandings over property classification and legitime. To avoid these disputes:

Estate Planning: The decedent can make a will identifying specific properties for each heir, ensuring forced heirs’ legitimes are respected.
Judicial or Extrajudicial Settlement: After a person’s death, the heirs can choose either an extrajudicial settlement (if everyone agrees) or a judicial partition (if disputes arise).
Legal Advice: Parties are strongly encouraged to seek legal counsel for clarity on their rights and shares.

Frequently Asked Questions

Do illegitimate children have the same rights as legitimate children?
They are compulsory heirs but receive only half the share of a legitimate child in many cases, unless the decedent left a will that gives them more (not impairing the legitime of others).
Can a second spouse claim a share in a property inherited by the decedent from the first spouse?
It depends on the property regime, how the property was classified, and whether it formed part of the conjugal or community property. In the simplest scenario under Absolute Community of Property, nearly all properties (subject to certain exceptions) become part of the community.
Can children from the first marriage be disinherited?
Under Philippine law, disinheriting a compulsory heir can only happen on very specific legal grounds (e.g., attempts on the life of the testator). Even then, the formalities for valid disinheritance are strict. If these are not observed, the disinheritance is null and void.
What if there was no marriage, but the decedent lived with a partner and had children?
If they never married, the “partner” is typically not a compulsory heir, unless they were common-law spouses under certain recognized laws for non-marital relationships (but typically these do not create inheritance rights akin to a legal spouse). The children—legitimate or illegitimate—would still be compulsory heirs, although illegitimate children’s shares are half that of legitimate children.
Does the Family Code override the Civil Code on inheritance matters?
The Family Code mostly addresses family relations and marital regimes, but the Civil Code remains the principal authority on succession. However, family law concepts introduced or modified by the Family Code (like Absolute Community of Property) impact the classification of assets for estate purposes.

Conclusion

In the Philippine context, both the decedent’s children (from any marriage or relationship) and the surviving spouse (including a second spouse) are recognized as compulsory heirs. Each has a protected share (legitime) that the law guarantees, irrespective of any testamentary provisions. The exact percentage or fractional share they receive depends on:

The type and number of compulsory heirs surviving (legitimate, illegitimate, or both)
The property regime of the marriage(s) involved
Whether the decedent left a valid will respecting legitimes

Disputes arise because of misunderstandings about these shares or the classification of property. Careful estate planning—such as executing a valid will, clearly classifying property, and seeking timely legal advice—can help prevent future conflicts. For intricate questions and conflict resolution, it is best to consult a qualified lawyer who can assess the specific details of each case under Philippine law.

Disclaimer: This article provides a general overview and should not be taken as legal advice. Laws and regulations may change, and individual circumstances vary. Always consult a qualified attorney for personalized guidance on any legal issues related to inheritance and succession in the Philippines.