1) The Philippine legal framework: why “multiple marriages” complicates inheritance

In the Philippines, inheritance questions involving children from more than one marriage usually require answering two separate (but connected) legal questions:

Who are the heirs and what shares are reserved for them by law? This is governed primarily by the Civil Code rules on Succession (testate and intestate), including the concepts of compulsory heirs and legitime.
What property actually belongs to the deceased’s estate? Before computing inheritance shares, the law requires liquidation of the spouses’ property regime (e.g., Absolute Community Property or Conjugal Partnership of Gains). Only the deceased’s net hereditary estate is divided among heirs. This is governed largely by the Family Code provisions on property relations.

Because “children from multiple marriages” usually means the deceased had different spouses at different times, the estate often contains assets affected by different property regimes, plus obligations to prior families that must be settled first.

2) The baseline rule: children are not ranked by which marriage they came from

A. If the children are legitimate, they inherit equally

As a starting point, legitimate children of the deceased inherit in equal shares from their parent, regardless of whether they are from the first, second, or later marriage. The law does not assign a “priority” to children based on the order of marriages.

So, if a father dies leaving:

two legitimate children from the first marriage, and
one legitimate child from a second (valid) marriage,

those three legitimate children are, as a rule, on equal footing in inheriting from the father.

B. What usually changes is not the children’s rank—but the spouse and the estate

When there are multiple marriages, the frequent sources of dispute are:

Which spouse is the “surviving spouse” with inheritance rights (only the spouse in a valid marriage at the time of death generally qualifies); and
Which properties belong to which marriage’s property regime, and therefore what portion can be inherited by all children.

3) Key concepts you must know: estate, heirs, compulsory heirs, legitime, and free portion

A. Net hereditary estate (what gets divided)

The estate to be inherited is not “everything in the house.” It is the net property of the deceased after:

paying debts, taxes, and charges; and
settling the property regime with the surviving spouse (if any).

If the deceased was married at death under a community/conjugal regime, half of the net community/conjugal property belongs to the surviving spouse (as owner, not as heir). Only the deceased’s share (often the other half), plus the deceased’s exclusive properties, forms part of the hereditary estate.

B. Compulsory heirs (people the law protects even against a will)

Philippine succession law reserves minimum shares (legitimes) for compulsory heirs, commonly including:

Legitimate children and descendants
Illegitimate children
Surviving spouse
Legitimate parents/ascendants (generally when there are no legitimate children)

If a will violates legitimes, courts can reduce dispositions to protect compulsory heirs.

C. Legitime vs. free portion

Legitime: the portion of the estate the law reserves for compulsory heirs.
Free portion: what remains after legitimes, which the testator can give to anyone (including favoring one set of children over another), subject to limits and formalities.

4) Legitimacy determines how much a child inherits, not “which marriage” the child came from

When people say “children from multiple marriages,” the hidden legal issue is often: Are all these children legitimate? If some children are illegitimate, inheritance shares and family relationships are affected.

A. Legitimate children

A child is generally legitimate if conceived or born during a valid marriage of the parents. Legitimate children:

are compulsory heirs;
typically share equally among themselves; and
can inherit not only from parents but (in intestate succession) also from legitimate relatives, subject to the ordinary rules.

Adopted children under Philippine adoption law are generally treated, for succession purposes, as legitimate children of the adopter(s).

B. Illegitimate children

A child is generally illegitimate if conceived and born outside a valid marriage, subject to special rules. Illegitimate children:

are also compulsory heirs of their parents;
generally receive a smaller reserved share than legitimate children; and
face an important intestacy barrier known as the “iron curtain rule” (explained below).

C. Children of void/voidable marriages and “good faith” situations

Some marriages may later be declared void or annulled. The child’s status depends on the ground and timing. As a practical rule:

Children conceived/born before the final judgment annulling a voidable marriage are treated as legitimate.
Certain children of marriages later declared void (notably in specific Family Code scenarios) may still be treated as legitimate.
In other void marriage scenarios (e.g., bigamy), children are often treated as illegitimate, though they still inherit from their parents as compulsory heirs.

Because legitimacy classification can be fact-sensitive and ground-dependent, it often becomes the central litigation issue.

5) The “iron curtain rule”: why legitimacy matters beyond shares

A major Philippine doctrine in intestate succession is the bar on intestate inheritance between legitimate and illegitimate relatives of the same family line (commonly called the “iron curtain rule”). Its practical consequences:

Legitimate and illegitimate children can inherit together from their common parent. Example: A father dies leaving one legitimate child (from marriage) and one illegitimate child (outside marriage). Both can inherit from the father.
But legitimate and illegitimate relatives generally cannot inherit intestate from each other. Example: If the legitimate child dies later without a will, the illegitimate half-sibling generally cannot inherit intestate from the legitimate child (and vice versa). Likewise, an illegitimate child is generally barred from inheriting intestate from the legitimate relatives of the parent (e.g., grandparents, legitimate siblings of the parent), and the reverse.

This rule commonly affects “blended families,” especially when:

a child from one relationship dies and questions arise about inheritance by half-siblings; or
grandchildren try to inherit by representation through a parent who was a legitimate child, but the grandchildren themselves are illegitimate (representation cannot be used to break the iron curtain).

6) Intestate succession (no will): typical outcomes in multiple-marriage families

When there is no valid will, distribution follows Civil Code intestate rules. The most common multiple-marriage pattern is:

Scenario 1: Surviving spouse + legitimate children from different marriages

If the deceased leaves:

a surviving spouse (from the valid marriage at death), and
legitimate children (whether from the current or prior valid marriages),

the spouse typically inherits a share equal to one legitimate child, while all legitimate children share equally among themselves.

Illustration (intestate): Deceased leaves spouse + 3 legitimate children (2 from first marriage, 1 from second). Treat the spouse as “one child” for division → estate is divided into 4 equal shares. Each child’s marriage of origin is irrelevant.

Scenario 2: Legitimate children + illegitimate children (with or without a spouse)

If the deceased leaves legitimate and illegitimate children, the illegitimate children’s shares are generally smaller (commonly computed as half of a legitimate child’s share when they inherit together from the same parent), and the spouse’s participation (if any) is computed alongside them.

Because the exact distribution can vary depending on which heirs concur, practitioners often compute shares by assigning proportions consistent with:

equal sharing among legitimate children;
reduced shares for illegitimate children; and
the spouse’s intestate share where applicable.

Scenario 3: Children from a prior marriage vs. the surviving spouse: a frequent misunderstanding

Children from a prior marriage sometimes believe they inherit from the surviving spouse, or that they can claim the surviving spouse’s half of community property. As a rule:

Children do not inherit from a step-parent by operation of law (unless adopted, or unless the step-parent leaves them something by will within allowed limits).
The surviving spouse’s one-half share in community/conjugal property is not inherited from the deceased; it is the spouse’s property as co-owner.

What the children inherit is the deceased’s share after liquidation.

7) Testate succession (with a will): how far can a parent “favor” one set of children?

A will can change who receives the free portion, but it cannot lawfully eliminate or reduce legitimes of compulsory heirs except through valid disinheritance (which is strictly regulated and must be for legal causes and done in the manner required by law).

A. Can a parent leave “everything” to the second family and nothing to the first?

If children from the first marriage are compulsory heirs (commonly legitimate children), a will that leaves them nothing typically triggers:

reduction of testamentary dispositions to protect their legitimes; and/or
preterition issues (omission of compulsory heirs in the direct line can have severe effects on the will’s institution of heirs).

B. Can a parent give more to one child than another?

Yes—using the free portion, a parent can favor one child (or one family line) over another, so long as:

all compulsory heirs still receive their required legitimes; and
donations and testamentary dispositions do not become inofficious (excessive) and subject to reduction.

C. Donations during lifetime and “collation”

Lifetime transfers to children can later affect estate computations. In many cases, the law requires bringing certain donations into account (collation) to achieve fairness among heirs—especially among legitimate children—unless validly exempted, and subject to nuanced rules.

8) Property regimes and multiple marriages: the silent driver of disputes

A. Liquidation must come first

In blended families, heirs often fight over “shares” without first determining what belongs to the estate.

Step-by-step reality at death (simplified):

Identify the marriage property regime at death (ACP/CPG/separation).
Determine community/conjugal assets and liabilities.
Liquidate: give the surviving spouse their share as owner.
The remainder (the deceased’s share + exclusive properties – debts/charges) becomes the net hereditary estate.
Divide among heirs.

B. Multiple marriages mean multiple regimes over time

A person may have:

assets from the first marriage regime,
assets from a second marriage regime, and
exclusive properties (before marriages, inheritance, donations, etc.).

Children from the first marriage may have rights arising earlier (e.g., from the death of the first spouse), while the second spouse’s property rights arise from the later marriage. Untangling these requires chronological accounting.

C. Remarriage without proper liquidation: protective rules for the first family

Philippine family property law includes protective mechanisms designed to prevent prejudice to children of the first marriage. In certain circumstances, a surviving spouse who remarries without complying with required liquidation/settlement duties may face legal consequences affecting property relations and, in some cases, forfeitures or liabilities designed to protect heirs of the prior marriage.

Because these consequences can be triggered by specific failures (e.g., non-compliance with settlement and recording requirements), they are commonly litigated in blended-family estates.

9) Void marriages, bigamy, annulment, and the inheritance position of children

A. If the second marriage is void, does that erase the child’s inheritance rights?

No. Even if a marriage is void, children still have inheritance rights from their biological parents. The issue is usually whether the child is classified as legitimate or illegitimate, which affects:

the size of the reserved share; and
the child’s ability to inherit intestate from legitimate relatives of the parent under the iron curtain rule.

B. The spouse in a void marriage is a different question

In a void marriage, the “spouse” may have no spousal inheritance rights as a surviving spouse, though property relations may still be recognized under equitable principles depending on good faith and contribution. This is where disputes often intensify:

children from the first marriage may challenge the second “spouse’s” status;
the second partner may claim property interests rather than inheritance; and
the legitimacy and filiation of children may become contested.

10) Stepchildren and blended families: when “treated as my own child” is not enough

A common misconception in second marriages is that stepchildren automatically inherit. As a rule:

Stepchildren are not compulsory heirs of the step-parent.
They inherit from the step-parent only if:
- legally adopted, or
- included in a valid will (subject to legitime constraints of the step-parent’s compulsory heirs).

Step-parent adoption is therefore the primary mechanism that converts a social parent-child relationship into a full legal inheritance relationship.

11) Filiation: proving who the child is for inheritance purposes

In inheritance cases, rights are only as strong as the ability to prove status.

A. Legitimate children

Common proofs:

birth certificate showing the parents;
marriage records supporting legitimacy presumptions;
judicial declarations (in contested cases).

B. Illegitimate children

Because illegitimate filiation can be contested, proof commonly involves:

recognition in the record of birth or a separate public instrument;
consistent acknowledgment and support;
judicial filiation actions when contested.

If filiation is not established, the child may be excluded from settlement until status is judicially resolved.

12) Practical examples focused on “children from multiple marriages”

Example 1: Valid first marriage, spouse dies; valid second marriage; parent dies later

Children from first marriage inherit from the parent when the parent dies.
Children from second marriage inherit from the same parent on equal footing (if all are legitimate).
The surviving spouse at the time of the parent’s death inherits alongside all legitimate children.
Property acquired in the second marriage is first split by liquidation; only the deceased’s share is inherited by all heirs.

Example 2: Parent has legitimate children from marriage and an illegitimate child outside marriage

All children inherit from the parent.
The illegitimate child’s share is generally reduced compared to legitimate children.
The illegitimate child is generally barred from inheriting intestate from the parent’s legitimate relatives (and vice versa), but that does not prevent inheriting from the parent.

Example 3: Parent “wills everything” to the second spouse and second family

Compulsory heirs from the first family (e.g., legitimate children) can invoke legitime protection.
Courts can reduce dispositions and enforce reserved shares.
If compulsory heirs in the direct line were omitted, the will may face serious validity/effect issues regarding the institution of heirs.

13) Takeaways: what is “non-negotiable” under Philippine succession law

Legitimate children inherit equally from their parent, regardless of which marriage they came from.
Illegitimate children inherit from their parents, but typically with a smaller reserved share and with significant intestacy barriers against legitimate relatives (iron curtain rule).
The surviving spouse is the spouse in a valid marriage at the time of death; prior spouses generally do not inherit as spouses (though property rights from earlier regimes may already have been settled or litigated).
Before dividing inheritance, the estate must be determined by liquidating the marital property regime; many “unfair share” claims disappear (or arise) at this stage.
A will can distribute the free portion, but it cannot lawfully defeat legitimes of compulsory heirs except under strict disinheritance rules and formalities.