Introduction

In the Philippines, inheritance laws are primarily governed by the Civil Code of the Philippines (Republic Act No. 386), as amended by subsequent legislation such as the Family Code of the Philippines (Executive Order No. 209). These laws ensure the protection of family rights, particularly those of compulsory heirs, including children. When a parent dies, their property forms part of their estate, which is distributed according to testamentary wishes or intestate succession rules. However, complexities arise when the surviving parent remarries, potentially affecting the administration, use, and ultimate distribution of the deceased parent's property to the children from the first marriage.

This article provides a comprehensive overview of the inheritance rights of children in such scenarios, focusing on key legal principles, property regimes, succession rules, and potential remedies. It emphasizes the Philippine legal context, where family solidarity and the legitime (reserved portion) of heirs are paramount.

Property Regimes in Marriage and Their Impact on Inheritance

Philippine law recognizes three main property regimes for married couples: Absolute Community of Property (ACP), Conjugal Partnership of Gains (CPG), and Complete Separation of Property (CSP). The default regime for marriages celebrated after August 3, 1988, is ACP, unless a prenuptial agreement specifies otherwise.

Absolute Community of Property (ACP)

Under ACP (Articles 88-104 of the Family Code), all properties owned by the spouses at the time of marriage and acquired thereafter become community property, with exceptions like properties acquired by gratuitous title (e.g., inheritance or donation exclusive to one spouse).

Upon the death of one spouse, the ACP terminates (Article 103). The community property is divided equally between the surviving spouse and the deceased's estate. The deceased's half is then subject to succession, where children as compulsory heirs are entitled to their legitime.

Conjugal Partnership of Gains (CPG)

For marriages before August 3, 1988, or those opting for CPG via agreement, only properties acquired during the marriage through onerous title (e.g., earnings) are conjugal. Separate properties remain individual.

Upon death, the CPG dissolves (Article 126 of the Family Code), and the conjugal properties are liquidated. The deceased's share in conjugal properties, plus their separate properties, form the estate.

Complete Separation of Property (CSP)

This regime applies if agreed upon or judicially decreed (e.g., due to legal separation). Each spouse retains full ownership of their properties. Upon death, only the deceased's properties are inherited, unaffected by the surviving spouse's assets.

In all regimes, the deceased parent's separate properties (e.g., those inherited before marriage or acquired exclusively) pass directly to their heirs, including children, subject to the surviving spouse's rights.

Succession Rules: Testate vs. Intestate

Succession determines how the deceased parent's property is distributed.

Testate Succession

If the deceased left a valid will (Articles 783-839 of the Civil Code), it governs distribution, but must respect the legitime of compulsory heirs (Articles 886-914). Compulsory heirs include:

Legitimate children and descendants (primary compulsory heirs).
Surviving spouse (secondary, sharing with children).
Legitimate parents or ascendants (if no children).

The legitime for legitimate children is one-half of the estate if there is one child, or half divided equally among multiple children, plus additional shares if applicable. The surviving spouse receives a share equal to that of a legitimate child in intestate cases, but in testate, it can vary as long as the legitime is not impaired.

The free portion (remaining after legitime) can be disposed of freely, potentially to the surviving spouse or others.

Intestate Succession

Without a will, intestate rules apply (Articles 960-1014). The order of heirs is:

Legitimate children and descendants, sharing with the surviving spouse.
Legitimate ascendants.
Illegitimate children.
Surviving spouse alone if no children or ascendants.
Collateral relatives, etc.

For children and surviving spouse:

The estate is divided equally among the children, with the spouse receiving a share equal to one legitimate child (Article 996).
Example: If there are two children, the estate is divided into three equal parts (one each for the two children and one for the spouse).

Illegitimate children receive half the share of legitimate children (Article 895).

Importantly, adopted children have the same rights as legitimate children under the Domestic Adoption Act (Republic Act No. 8552).

Effects of the Surviving Parent's Remarriage on Children's Inheritance Rights

Remarriage of the surviving parent does not inherently divest children of their inheritance rights from the deceased parent's estate. However, it introduces potential complications in property administration and liquidation.

Liquidation of the Previous Marriage's Property

Before remarriage, the surviving spouse must liquidate the property regime of the prior marriage (Article 103 for ACP, Article 129 for CPG). This involves:

Inventory of community/conjugal properties.
Payment of debts.
Division of net assets.

Failure to liquidate before remarriage triggers Article 130 of the Family Code: The new marriage's property regime is automatically CSP, and the surviving spouse's share in the previous community/conjugal property remains owned in common with the deceased's heirs (children).

Children can demand judicial liquidation if not done voluntarily (Article 130). This protects their interests, preventing commingling with the new spouse's assets.

Rights of the New Spouse

The new spouse has no automatic rights over the deceased parent's property. Any property from the first marriage belongs to the estate's heirs. However:

If liquidation is incomplete, the new spouse may petition for liquidation to clarify regimes.
Properties acquired during the new marriage fall under the new regime (default ACP), separate from the deceased's estate.

Administration and Usufruct Rights

The surviving spouse often administers the estate during settlement (Article 1055 of the Civil Code), especially if minor children are involved. They may have usufruct (right to use and enjoy) over the children's shares until majority or emancipation.

Upon remarriage:

If the surviving spouse is the parent, they retain parental authority (Article 225 of the Family Code), including administration of the child's property.
However, remarriage may lead to appointment of a guardian ad litem if conflicts arise (e.g., if the new spouse influences decisions detrimentally).

Children can challenge mismanagement through court action, seeking accounting or removal of the administrator (Rule 93-97 of the Rules of Court).

Potential Issues and Disputes

Common complications include:

Commingling of Properties: If the surviving spouse uses estate properties without separation, children may claim reimbursements or damages.
Sale or Disposition: The surviving spouse cannot sell or encumber the children's inherited shares without court approval if minors are involved (Article 226 of the Family Code).
Preferential Rights: Children have collation rights (Article 1061), requiring advances (e.g., education costs) to be deducted from their shares.
Tax Implications: Inheritance is subject to estate tax (Republic Act No. 10963, TRAIN Law), with deductions for family home, etc. Remarriage doesn't alter tax on the deceased's estate but affects the surviving spouse's future estate.
Special Cases:
- Annulled or Void Marriages: If the first marriage was void, property distribution follows different rules (Article 147/148 of the Family Code), potentially affecting children's status.
- Cohabitation Without Marriage: If the surviving parent cohabits without remarrying, properties remain separate, but children must vigilantly protect their rights.
- Foreign Elements: If the deceased was a foreigner, conflict of laws applies (Article 16 of the Civil Code), but Philippine law governs immovable property in the country.

Protection and Remedies for Children

Children’s rights are inalienable and protected by the state.

Judicial Remedies

Partition Action: Heirs can file for judicial partition (Article 1082) to divide the estate.
Accounting: Demand from the administrator (Rule 85 of the Rules of Court).
Annulment of Transactions: If properties are fraudulently disposed.
Support Claims: Children may claim support from the estate (Article 194 of the Family Code).

Prescription Periods

Actions for partition prescribe after 10 years (Article 1144), but legitime claims may be imprescriptible if not waived.

Role of Wills and Trusts

To minimize disputes, the deceased could have established a will or trust (though trusts are less common in Philippine law, governed by Articles 1440-1446).

Conclusion

In the Philippines, children from a deceased parent's first marriage retain robust inheritance rights, safeguarded by compulsory heirship and legitime provisions. The surviving parent's remarriage introduces administrative hurdles but does not erode these rights, provided liquidation and proper management occur. Vigilance, legal advice, and timely court intervention are essential to enforce these protections. Ultimately, these laws balance spousal autonomy with the imperative to secure the family's future generations.