Introduction

In the Philippine legal system, the intersection of family law, property relations, and succession creates a complex framework governing the rights of heirs, particularly children from previous marriages, over conjugal property. Conjugal property refers to assets acquired by spouses during their marriage under specific property regimes outlined in the Family Code of the Philippines (Executive Order No. 209, as amended). When one spouse dies, the distribution of such property involves not only the surviving spouse but also the compulsory heirs, which may include children from prior unions. This article explores the full scope of these rights, drawing from the Civil Code of the Philippines (Republic Act No. 386), the Family Code, and relevant jurisprudence, to provide a comprehensive understanding of how children from previous marriages can claim inheritance over conjugal assets.

The discussion is rooted in the principle of protecting legitimate family ties while ensuring equitable distribution of property. Key considerations include the marital property regime in effect, the classification of children (legitimate, illegitimate, or adopted), the legitime (compulsory portion), and procedural aspects of estate settlement.

Marital Property Regimes in the Philippines

To understand inheritance rights over conjugal property, it is essential to first examine the property regimes that apply to marriages in the Philippines. These regimes determine what constitutes conjugal property and how it is owned and divided upon the death of a spouse.

Absolute Community of Property (ACP)

Under Article 75 of the Family Code, the default regime for marriages celebrated after August 3, 1988, is the Absolute Community of Property, unless a prenuptial agreement specifies otherwise. In ACP:

All property owned by the spouses at the time of marriage and acquired thereafter becomes community property, except for certain exclusions like property acquired by gratuitous title (e.g., inheritance or donation) unless designated otherwise.
Conjugal property under ACP includes earnings from work or industry, fruits of separate property (with exceptions), and assets bought with community funds.
Upon the death of one spouse, the community is terminated (Article 99). The surviving spouse retains ownership of their half, while the deceased's half forms part of the estate subject to inheritance.

Conjugal Partnership of Gains (CPG)

For marriages before August 3, 1988, or those with a prenuptial agreement opting for it, the Conjugal Partnership of Gains applies (Articles 106-130, Family Code). In CPG:

Each spouse retains ownership of their separate property brought into the marriage and acquired by gratuitous title during it.
Conjugal property consists of gains or income from separate property, acquisitions through joint efforts, and property bought with conjugal funds.
Upon death, the partnership is liquidated: Debts are paid, separate properties are returned, and the net gains are divided equally. The deceased's share in the net gains becomes part of the estate.

Separate Property Regime

If spouses agree to complete separation of property via a prenuptial or judicial agreement (Article 134), there is no conjugal property. Each spouse's assets remain separate, and inheritance rights of children from previous marriages would apply only to the deceased parent's separate estate, not shared marital assets.

In all regimes, children from previous marriages do not have direct ownership rights over conjugal property during the parents' lifetime but gain inheritance claims upon a parent's death.

Classification of Children and Their Status as Heirs

The rights of children from previous marriages depend on their legal status, as defined by the Family Code and Civil Code.

Legitimate Children

Children born or conceived during a valid marriage are legitimate (Article 164, Family Code). If from a previous marriage, they are legitimate heirs of the parent who remarried. They are compulsory heirs entitled to legitime under Article 886 of the Civil Code, which includes:

Legitimate children and descendants.
In their absence, legitimate ascendants.
The surviving spouse.
Illegitimate children.

Legitimate children from previous marriages share equally with legitimate children from the current marriage in the legitime.

Illegitimate Children

Children born outside of wedlock are illegitimate (Article 165), but they enjoy full inheritance rights if acknowledged by the parent (Articles 172-173). Under Republic Act No. 9255 (2004), illegitimate children use the father's surname if acknowledged and have succession rights. Their legitime is one-half that of legitimate children (Article 895, Civil Code).

Adopted Children

Adopted children, under Republic Act No. 8552 (Domestic Adoption Act), have the same rights as legitimate children, including inheritance over the adoptive parent's estate, which may include shares in conjugal property.

In cases of bigamous or void marriages, children may be classified as illegitimate, affecting their share, but they remain heirs.

Inheritance Rights Over Conjugal Property

Upon the death of a spouse, conjugal property is not automatically inherited by children; it undergoes dissolution and liquidation before distribution.

Dissolution and Liquidation Process

Termination of Regime: Death dissolves the property regime (Article 99 for ACP; Article 126 for CPG). The surviving spouse administers the community or partnership until liquidation.
Inventory and Debts: An inventory of all properties is made. Conjugal debts are paid from conjugal assets.
Division: In ACP, the net community is divided equally; in CPG, net gains are split. The deceased's share enters the estate.
Estate Composition: The estate includes the deceased's separate property plus their share in conjugal property.

Children from previous marriages inherit from this estate as compulsory heirs. They have no claim over the surviving spouse's share in the conjugal property, which remains owned by the survivor.

Legitime and Free Portion

Legitime: This is the compulsory portion reserved for heirs (Article 886). For legitimate children (including those from previous marriages), it is one-half of the estate, divided equally among them (Article 888). If there are illegitimate children, their share is half of a legitimate child's.
Example Calculation: Suppose a deceased father has a P10 million estate (including his half of conjugal property worth P4 million). With two legitimate children from a previous marriage and one from the current, plus a surviving spouse: The legitime is P5 million. Each legitimate child gets P5 million / 3 = approximately P1.67 million. The surviving spouse gets a share equal to one child's (Article 892), so another P1.67 million from the legitime. The remaining P5 million is the free portion, disposable by will.
Intestate Succession: If no will, the entire estate is divided per Articles 980-1014. Legitimate children (from all marriages) share equally in two-thirds of the estate, with the surviving spouse getting one-third or equal to one child's share, depending on circumstances.

Children from previous marriages can challenge dispositions that impair their legitime (Article 904).

Rights in Remarriage Scenarios

If the deceased had multiple marriages:

Children from the first marriage inherit only from their parent's estate, not directly from step-siblings or the step-parent's share.
If the surviving spouse remarries, the new marriage's property regime does not affect prior children's rights over the inherited portion, but usufruct (use) rights may apply if the survivor has legal administration over minor children's shares (Article 225, Family Code).

Special Considerations

Donations and Advances

Advances on inheritance (collation under Article 1061) must be accounted for. If the deceased gave conjugal property to children from previous marriages during life, it may be collated to ensure equality.

Judicial vs. Extrajudicial Settlement

Extrajudicial: If no debts and heirs agree, settlement can be via affidavit (Rule 74, Rules of Court). Children from previous marriages must be included.
Judicial: Required if disputes arise; courts ensure legitime protection.

Tax Implications

Inheritance is subject to estate tax (Republic Act No. 10963, TRAIN Law), with deductions for conjugal shares. Heirs, including children from previous marriages, share tax liability proportionally.

Protection Against Disinheritance

Disinheritance requires specific grounds (Article 919, e.g., abandonment). Children from previous marriages cannot be disinherited without cause, and even then, courts scrutinize strictly.

Challenges and Remedies

Common issues include:

Concealment of Assets: Heirs can file for discovery and accounting.
Invalid Marriages: If the current marriage is void, conjugal property may revert to separate, altering shares.
Pretermitted Heirs: Forgotten children in wills still get legitime (Article 854).

Remedies include actions for partition, annulment of fraudulent transfers, or reconveyance.

Conclusion

The inheritance rights of children from previous marriages over conjugal property in the Philippines emphasize equality among legitimate heirs while safeguarding the surviving spouse's interests. Rooted in the Family Code's promotion of family solidarity and the Civil Code's succession rules, these rights ensure that conjugal assets, after dissolution, contribute to the estate from which such children inherit their legitime. Proper estate planning, such as wills or prenuptial agreements, can mitigate disputes, but compulsory heirship remains inviolable. Understanding these principles is crucial for families navigating blended structures, ensuring just distribution aligned with Philippine legal traditions.