Inheritance Rights of Children from Different Marriages in the Philippines

Updated for the Civil Code and Family Code framework; jurisprudence evolves, so treat this as a doctrinal guide, not case-specific advice.

1) Core Sources of Law & Concepts

Civil Code of the Philippines (Book III, Succession)
Family Code (filiation, legitimacy, property regimes)
Special laws affecting status (e.g., adoption, legitimation)
Jurisprudence (on filiation, shares, “iron curtain rule,” reduction of inofficious donations)

Key ideas

Succession may be testate (there’s a will) or intestate (no will).
Regardless of a will, the legitime of compulsory heirs cannot be impaired.
Children from different marriages may be legitimate, illegitimate, legitimated, or adopted—each status matters for shares and who can inherit with whom.
The surviving spouse is a separate compulsory heir, and the spouse’s property-regime share (e.g., in community property) is distinct from inheritance.

2) Who Are the Compulsory Heirs?

Legitimate children and descendants (including those from first or later valid marriages; they inherit equally regardless of which marriage they came from).
Illegitimate children (filiation must be established; they have a reduced legitime).
Surviving spouse.
Legitimate parents/ascendants (only if there are no legitimate descendants).

Adopted children are treated as legitimate children of the adopter for all purposes of succession; legal ties to biological parents are generally severed (except in step-parent adoptions). Legitimated children (by subsequent valid marriage of the parents) become legitimate.

3) Filiation & Status (Why It Matters)

Legitimate: conceived or born in a valid marriage (or legitimated). Illegitimate: conceived or born outside marriage or in a void marriage (save special rules on presumptions). Adopted: deemed legitimate relative to the adopter.

Proving filiation typically by: record of birth, admission in a public document, open and continuous possession of status as a child, or other competent evidence (including DNA consistent with rules of evidence). Without proof, no share attaches.

4) Legitime: How Much Is “Reserved” for Each Heir Class

The decedent’s estate is split into legitime (reserved) and free portion (freely disposable by will). Typical baselines:

4.1 When there are legitimate children (any number)

Legitimate children (collectively): ½ of the estate (divided equally among them).
Surviving spouse: equal to the legitime of one legitimate child.
Illegitimate children: each gets ½ of the legitime of a legitimate child.

Because the spouse’s legitime is pegged to a child’s share, total legitimes may exceed ½ of the estate; the free portion shrinks accordingly.

Quick guide (all shares are of the net estate):

Composition	Each legitimate child	Spouse	Each illegitimate child	Free portion
1 legitimate child + spouse	1/2	1/4	1/8	1/8
2 legitimate children + spouse	1/4	1/4	1/8 of a child’s share = 1/8 × 1/4 = 1/32? ❌ → Rule: 1/2 of a legitimate child’s legitime, i.e., 1/2 × 1/4 = 1/8 of the estate each.	Remainder after legitimes
n legitimate children + spouse	(1/2)÷n	equal to one child	1/2 of a legitimate child’s legitime	remainder

Worked example (2 legitimate kids, 1 spouse, 1 illegitimate child):

Each legit child’s legitime = 1/4.
Spouse legitime = 1/4 (equal to one child).
Each illegitimate child’s legitime = 1/2 of 1/4 = 1/8.
Sum of legitimes = 1/4 + 1/4 + 1/4 + 1/8 = 7/8 → free portion 1/8.

If there are multiple illegitimate children, each gets the same 1/2-of-a-child measure; total legitimes expand and the free portion contracts.

4.2 When there are no legitimate descendants

Surviving spouse alone: ½ legitime; ½ free portion.
Surviving spouse + legitimate parents/ascendants: spouse ½; ascendants ½.
Surviving spouse + illegitimate children (no legitimate children): spouse ⅓; each illegitimate child shares in a collective legitime such that each one’s legitime equals ½ of what a legitimate child would have received in an equivalent scenario; the rest is free portion (the arithmetic depends on the headcount—see below).

Rule of thumb with only illegitimate children (no spouse, no legitimate descendants):

The collective legitime of illegitimate children is ½ of the estate, divided equally among them.
If the spouse is present (but still no legitimate descendants), the spouse’s legitime is ⅓, and the illegitimate children’s collective legitime adjusts accordingly so each still equals ½ of a hypothetical legitimate child’s legitime; the free portion absorbs the balance. (When counts get tricky, compute down from the definitions rather than memorizing a table.)

5) Intestate vs. Testamentary Succession (Children of Different Marriages)

5.1 Testamentary (with a will)

The will cannot impair the legitime of any compulsory heir present at death.
The free portion may be allocated to any person(s), including some children over others, a spouse, prior or later families, or even non-heirs—but only after strictly setting aside all legitimes.
Preterition (total omission) of a compulsory heir in the direct line annuls the institution of heirs, subject to complex corrective rules; partial impairment triggers reduction to make legitimes whole.
Donations inter vivos made during life count toward a donee’s share (via collation); inofficious donations are reduced if they impair legitimes at death.

5.2 Intestate (no will)

Order of heirs controls. Legitimate children and descendants come first and inherit equally—regardless of whether they are from the first, second, or later valid marriage.
Illegitimate children inherit with them but at reduced shares (see Section 4).
If no descendants, succession shifts to legitimate parents/ascendants, then collateral relatives, in statutory order; the surviving spouse generally always participates per the Civil Code rules.

6) The “Iron Curtain Rule” (Article 992) and Mixed Families

Article 992 (Civil Code) traditionally bars intestate succession between an illegitimate child and the legitimate relatives of his/her father or mother, and vice versa (e.g., an illegitimate grandchild cannot represent his illegitimate parent to inherit from a legitimate grandparent). This has long produced hard edges in blended families.

Practice note: Jurisprudence on equality and constitutional treatment of illegitimate children has been evolving. While Article 992 has historically applied, courts have examined its reach and rationale in recent years. For planning or litigation, check the latest Supreme Court pronouncements applicable to your facts.

7) Children From Void or Subsequent Marriages

A child from a void marriage is generally illegitimate (and thus a compulsory heir with the reduced legitime), unless later legitimated or covered by a rule treating status differently (e.g., legitimation by subsequent valid marriage).
If a second marriage was contracted while the first was still valid, children of the second marriage are illegitimate (again, subject to legitimation if the impediment disappears and the parents subsequently marry validly).
Good-faith presumption of legitimacy applies to children born during a valid marriage; contesting legitimacy requires timely and specific legal actions.

8) Adoption, Stepchildren, and Half-Blood Siblings

Adopted children inherit from the adoptive parent as legitimate children; they generally do not inherit from biological parents post-adoption (except in step-parent adoptions where one biological tie remains).
Stepchildren (not adopted) are not compulsory heirs of the step-parent.
Half-blood legitimate siblings (same father or mother) are still legitimate children of the same parent and inherit equally from that parent with full-blood siblings.

9) Property Regimes and Their Impact

Before computing inheritance:

Liquidate the marital/cohabitation property regime applicable to the decedent’s last marriage (or prior ones if property is co-owned):
- Absolute Community of Property (default under the Family Code)
- Conjugal Partnership of Gains
- Complete Separation (by valid agreement)
Only the decedent’s net half (or separate property under separation) enters the estate.
Debts, taxes, funeral/last illness expenses, administration costs are deducted before applying legitimes.

10) Collation, Advances, and “Equalization” Across Marriages

Donations/advances received by any child (from any marriage) may be collated—brought into the computation to equalize shares, unless expressly excluded per law.
Inofficious donations (lifetime gifts that impair legitimes) are reduced to the extent of impairment, even if the donee is a child from a prior or later marriage.
Improvements (e.g., using estate funds on a property titled to one heir) can trigger reimbursement or imputation during partition.

11) Partition: Keeping Peace Among Blended Heirs

Extrajudicial settlement is possible if no will, no debts, and all heirs are of age (or minors are duly represented), with publication and proper documentation.
Judicial settlement is advisable when there are debts, contested filiation, impairment of legitimes, or complex donations to unwind.
Co-ownership arises until partition; fruits/rents are shared pro-rata.
Indivisible property may be allotted to one heir with cash equalization; or sold and the proceeds divided.
Warranty of title & eviction obligations apply among co-heirs after partition under Civil Code rules.

12) Common Computation Patterns (Illustrative Only)

Decedent leaves: 2 legitimate children (A, B), 1 illegitimate child (C), and a surviving spouse (S).
- Each legitimate child’s legitime = ¼.
- Spouse’s legitime = ¼ (equal to one child).
- Illegitimate child’s legitime = ⅛ (half of a child’s legitime).
- Free portion = 1/8.
Decedent leaves: 1 legitimate child (A), 3 illegitimate children (C1–C3), no spouse.
- Legitimate child’s legitime = ½.
- Each illegitimate child’s legitime = ½ × ½ = ¼?
  - Correct approach: Illegitimate children collectively get ½ of a legitimate child’s legitime each, not of the estate. A’s legitime is ½ of estate; each illegitimate child gets ½ of A’s legitime = ¼ of estate? That would over-allocate.
  - Proper rule: With no legitimate descendants other than A, each illegitimate child’s legitime is ½ of A’s individual legitime if they were concurrently present with A as compulsory heirs. Because A’s legitime is ½ of the estate and there is only one legitimate child, each illegitimate child’s legitime is ¼ of the estate, which plainly exceeds the estate when multiplied by three—so we apply the Civil Code collective limits: the collective legitime of illegitimate children (when no spouse and with one legitimate child) cannot exceed the free portion. In practice, courts compute from the baseline legitimes and then reduce proportionally if totals exceed the estate.
  - Bottom line: When mixed classes are numerous, do a full reduction (proration) to fit within the estate after setting the doctrinal pegs (child = ½; spouse = equal to one child; each illegitimate = ½ of a child). This is a classic scenario requiring careful arithmetic and, often, judicial oversight.
Decedent leaves: surviving spouse (S) + 2 illegitimate children (C1–C2), no legitimate descendants or ascendants.
- Spouse’s legitime = ⅓.
- Illegitimate children’s legitime: compute each at ½ of the hypothetical legitime of a legitimate child for this family size; allocate the free portion afterward; prorate if totals exceed the estate.

Because edge cases can mathematically oversubscribe the estate when many illegitimate children are present with spouse and/or legitimate children, practitioners start from the statutory pegs and then reduce proportionally to fit 100% of the net estate.

13) Disinheritance, Unworthiness, and Representation

Disinheritance is allowed only on specific legal grounds and by will; otherwise ineffective and the heir still gets the legitime.
Unworthiness (e.g., attempting against the life of the decedent) can exclude an heir.
Representation: descendants may represent an heir who predeceased or is disinherited (subject to Article 992 limits for illegitimate relatives in intestate succession).

14) Practical Checklist for Blended Families

Ascertain filiation of every potential heir (documents, admissions, status, DNA as needed).
Determine property regime of each marriage and liquidate it first.
Identify and value the gross estate; deduct debts, expenses, taxes.
Map the heirs present at death and apply the legitime pegs.
Account for donations (collation) and reduce inofficious gifts.
Run proration if the sum of legitimes (pegged by law) would exceed the estate.
Choose settlement path: extrajudicial (if simple) or judicial (if complex/contested).
Document partition carefully (titles, transfers, tax clearances).

15) Frequent Misconceptions

“Children of the first marriage get more.” ❌ Wrong. All legitimate children of the decedent—whether from the first or later valid marriages—share equally.
“Stepchildren automatically inherit.” ❌ Only if adopted (or if they qualify under another legal status). Otherwise they are not compulsory heirs.
“A will can give everything to the second family.” ❌ Only the free portion may be given away. Legitime for compulsory heirs must be intact.
“Illegitimate children can’t inherit from a parent.” ❌ They are compulsory heirs of the parent, though with reduced legitime. Limits mainly affect inheritance between illegitimate children and legitimate relatives of a parent in intestate lines (see Article 992).

16) Tax & Compliance Snapshot (Non-exhaustive)

Estate tax: imposed on the net estate with exemptions/deductions set by the current tax code; estate tax amnesty periods have existed but are time-bounded.
Documentary steps: TIN of estate, estate tax return, CAR, updated titles, etc.
Deadlines and penalties apply—coordinate early with counsel and a tax professional.

17) Takeaways

Children from different marriages occupy positions determined by status (legitimate/illegitimate/adopted/legitimated), presence of a spouse, and other heirs.
Shares are formula-driven: peg the legitime first, then adjust the free portion, and prorate if over-subscribed.
Article 992 remains a major constraint in intestate links between illegitimate children and legitimate relatives, though contemporary jurisprudence should always be checked.
Because blended families often involve collation, property-regime liquidation, and status disputes, careful planning (and, where possible, clear wills) is crucial.

Helpful (Simplified) Formulae

Legitimate child’s legitime (with any number of legitimate children present): [ \text{Each child’s legitime} = \frac{1}{2} \div (\text{# of legitimate children}) ]
Spouse’s legitime when concurring with legitimate children: [ \text{Spouse’s legitime} = \text{legitime of one legitimate child} ]
Each illegitimate child’s legitime when legitimate children are present: [ \text{Each illegitimate child’s legitime} = \frac{1}{2} \times (\text{legitime of one legitimate child}) ]
If no legitimate descendants: use the ⅓ (spouse + illegitimate children) and ½ (spouse alone, or spouse with ascendants) guideposts, then prorate as needed.

Final note: The computations above follow the Civil Code’s structure and common doctrine. In borderline or high-stakes situations (numerous mixed heirs, big lifetime donations, adoption/legitimation timelines, or contested filiation), obtain tailored legal advice and confirm the latest Supreme Court developments before acting.