Inheritance Rights of Children from a Second Family in the Philippines

This is a practical, Philippines-specific explainer. It’s general information—not legal advice. Succession rules are technical and fact-sensitive; always have a lawyer review your exact family tree, property regime, and documents.

1) First principles: what determines a child’s inheritance rights?

In Philippine law, succession is governed mainly by the Civil Code and the Family Code. A child’s share depends on:

Status of the parents’ relationship (valid marriage, void/voidable marriage, or no marriage) when the child was conceived/born.
Status of the child (legitimate, legitimated, or illegitimate).
Who else survives the decedent (e.g., spouse, other children, parents).
Whether there is a will (testate) or none (intestate).
What property actually belongs to the decedent after settling the marital/cohabitation property regime.

“Second family” situations typically arise when a person forms another union after a first marriage—either validly (e.g., after the first spouse’s death or after a final decree of nullity/annulment) or invalidly (e.g., bigamous/void marriage, or non-marital cohabitation).

2) Who are “children of the second family”?

They may fall into any of these groups:

Legitimate children of a valid second marriage Example: First spouse dies (or a court has already declared the first marriage void/annulled with finality). The later marriage is valid; children are legitimate.
Children of a void second marriage (e.g., bigamous marriage while the first marriage still subsisted) As a rule, these children are illegitimate—except in specific cases where the Family Code deems them legitimate despite the marriage being void, such as:
- Children conceived or born of a marriage later declared void for psychological incapacity (Family Code, Art. 36/54 concept); and
- Where parties married before a person who lacked authority but at least one spouse was in good faith believing the officer had authority (putative marriage principle).
Children of non-marital cohabitation If the parents never married, the child is illegitimate (rights still protected, but shares differ from legitimate children).

Key point: “Second family” does not automatically mean “illegitimate.” A valid second marriage produces legitimate children with the same rights as those from the first marriage.

3) Compulsory heirs and the legitime (the guaranteed minimum)

Philippine law protects certain family members called compulsory heirs; they cannot be deprived of their legitime (the minimum share that a will cannot impair). Compulsory heirs include:

Legitimate children and their descendants
Illegitimate children (recognized by law once filiation is established)
The surviving spouse
Legitimate parents/ascendants (but they are excluded if there are legitimate descendants)

Core legitime rules you need to know

Legitimate children (as a class) are entitled to ½ of the estate, divided equally among them.
The surviving spouse is also a compulsory heir; when there are legitimate children, the spouse’s legitime is equal to the legitime of one legitimate child (practical upshot: in many real-world splits, the spouse ends up with a per-head share comparable to a child).
Illegitimate children are compulsory heirs, but each one’s legitime is ½ of the legitime of a legitimate child.

Whatever remains after paying all legitimes is the free portion—the only part the decedent can freely give away in a will.

4) Intestate vs. testate succession (no will vs. with a will)

A) If there is no will (intestate)

With legitimate children (and possibly a spouse), the distribution is per head among them, and the spouse takes the same share as a legitimate child.
If illegitimate children are also present, each illegitimate child typically receives ½ of a legitimate child’s share in the overall split.

Example (intestate) Decedent leaves: 1 spouse (S), 2 legitimate children (L1, L2), and 1 illegitimate child (I1). Let x = the per-head share of each legitimate child and the spouse. The illegitimate child gets x/2. Total = x (for S) + x (L1) + x (L2) + x/2 (I1) = 3.5x = 100% → x = 2/7 (≈28.57%). So S = 2/7, L1 = 2/7, L2 = 2/7, I1 = 1/7.

Why this matters: The “second family” child’s share depends on whether that child is legitimate (equal to other legitimate children) or illegitimate (½ of a legitimate child’s share), and on who else survives.

B) If there is a will (testate)

The testator can give specific properties to specific people, but cannot impair legitimes.
If bequests exceed what the free portion can cover, reductions are made to protect the legitime of compulsory heirs (children—both legitimate and illegitimate—and the spouse).

5) The “iron curtain” rule (barriers in intestacy)

A long-standing Civil Code rule, often called the iron curtain rule, says there is no intestate succession between an illegitimate child and the legitimate relatives of his/her parents, and vice-versa. In plain language:

An illegitimate child cannot inherit ab intestato from the legitimate relatives of the father/mother (e.g., the legitimate grandparents, legitimate siblings of the parent).
Those legitimate relatives also cannot inherit ab intestato from the illegitimate child.
This does not prevent inheritance by will (testate succession) within the free portion.
Jurisprudence on relationships around this rule has been evolving; for sensitive family trees, get counsel to check the latest cases and whether any exceptions might apply.

6) Representation (stepping into a deceased ancestor’s shoes)

Legitimate descendants can represent their parent in inheriting from a grandparent (e.g., if a legitimate child predeceases the grandparent, that child’s own legitimate children take their parent’s place).
For illegitimate descendants, representation rules are narrower, and the iron curtain rule may block representation across legitimate lines in intestacy. Wills can solve some of these barriers within the free portion.

7) Proving filiation (vital for children of a second family)

For illegitimate children, inheritance rights exist once filiation is established. Common ways to prove filiation include:

Civil registry records (birth certificates showing the father/mother),
Admissions of filiation in a public document or private handwritten instrument signed by the parent,
Open and continuous possession of the status of a child,
DNA evidence (now commonly accepted by courts).

Timing matters. Actions to establish filiation are subject to statutory timing rules (e.g., generally during the alleged parent’s lifetime, with specific exceptions). If you are asserting second-family rights, consult counsel early to avoid prescription issues.

RA 9255 (use of the father’s surname by an illegitimate child) helps with identity and recognition, but does not equalize shares; it does not convert an illegitimate child into a legitimate one.

8) Property regimes and what’s actually in the estate

Before you divide shares, figure out what belongs to the decedent:

Valid marriages after August 3, 1988 default to absolute community of property (ACP) unless spouses agreed otherwise. The decedent’s estate includes his/her exclusive property plus his/her share of the community.
Pre-Family Code marriages often used conjugal partnership of gains (CPG).
Cohabitation without marriage:
- Art. 147 (both parties free to marry): properties acquired by both through their joint efforts, work, or industry are co-owned in proportion to contributions (presumed equal absent proof).
- Art. 148 (one/both parties disqualified to marry, e.g., still married to someone else): co-ownership is stricter—only actual contributions (no presumptions), and the share of the party in bad faith may be forfeited in favor of common children to the extent allowed by law.

Takeaway: In second-family settings, a big chunk of the work is untangling co-ownerships first. Only after settling the property regime can you compute succession shares.

9) Disinheritance and preterition (omissions in a will)

Disinheritance of a compulsory heir is allowed only for legally specified just causes and must be express in a will with the cause truthful and proven; otherwise it’s invalid and the heir keeps the legitime.
Preterition (total omission of a compulsory heir in a will) generally annuls the institution of heirs to the extent necessary to give that heir his/her legitime; legacies and devises may be reduced accordingly.

10) Practical planning tips for second-family situations

Get a judicial decree before remarrying. A prior marriage subsisting at the time of the second marriage will usually make that second marriage void, affecting the status/rights of children (with limited exceptions as noted).
Make a will that:
- Respects legitimes (legitimate children, illegitimate children, spouse),
- Uses the free portion to address fairness concerns among first and second families,
- Names a competent executor and provides for valuation/collation of prior gifts.
Document filiation early (acknowledgments, accurate civil registry entries, DNA where needed).
Consider lifetime tools that don’t impair legitimes: carefully structured donations, usufruct arrangements, and life insurance (proceeds generally pass to designated beneficiaries outside the estate, but observe limits on donations to paramours and rules protecting legitimes).
Keep clean paper trails for contributions to property in cohabitation settings (Art. 147/148).
Use trusts or corporate/shareholder structures (with advice) to manage businesses so neither family is stranded operationally.
Update beneficiary designations and titles when family status changes (death, decree of nullity/annulment, new children).

11) Frequently asked “second family” scenarios

Q1: My first marriage was never annulled, but I started a new family and had children. Do those children inherit? Yes. They are illegitimate (unless they fall under the exceptions making them legitimate). Illegitimate children are compulsory heirs; each is generally entitled to ½ of a legitimate child’s share. They can also receive more from the free portion by will.

Q2: I later obtained a decree of nullity of my first marriage and then married my partner. Are our later children legitimate? Yes, a valid second marriage produces legitimate children with equal rights as legitimate children from any earlier valid marriage.

Q3: Can an illegitimate grandchild inherit from legitimate grandparents if his/her parent (their child) has died? Intestate succession is commonly blocked by the iron curtain rule between illegitimate persons and the parent’s legitimate relatives. A will may still leave something within the free portion.

Q4: The father never signed the birth certificate. Can the child still inherit? Yes—if filiation is proven by allowed evidence (e.g., public/private admissions, open and continuous possession of status, DNA). Timing rules apply; don’t delay.

Q5: Do children from the first and second valid marriages share equally? Yes. All legitimate children share equally, regardless of which marriage they come from. The spouse (whoever survives the decedent) also shares as a compulsory heir.

12) How to compute shares—safe, quick roadmap

Identify heirs: spouse? how many legitimate children (from any marriage)? any illegitimate children? any parents/ascendants?
Determine the estate: decedent’s exclusive property plus his/her share of ACP/CPG or cohabitation co-ownership net of debts.
Apply legitimes:
- Legitimate children (collectively): ½ of estate, equal per head.
- Surviving spouse (when with legitimate children): equal to one legitimate child’s legitime.
- Each illegitimate child: ½ of a legitimate child’s legitime.
Check if a will exists: adjust bequests to avoid impairing legitimes (reduce gifts if necessary).
If no will: use intestacy rules; with legitimate children, the spouse gets the same per-head share as a legitimate child; each illegitimate child gets ½ of a legitimate child’s share in the global split.
Mind the iron curtain for intestate claims across legitimate/illegitimate lines.

13) Documents you’ll likely need

Death certificate of decedent
Marriage certificates (first and second unions), plus court decrees (nullity/annulment/legal separation/presumptive death), with finality
Birth certificates of all children; acknowledgments or other proofs of filiation (and DNA reports if applicable)
Titles/registrations (land, vehicles), bank/brokerage statements, business share certificates, insurance policies
Evidence of contributions to property (for Art. 147/148 situations)
Any wills, donation deeds, or trust instruments

14) Bottom line for “second family” children

They always have rights—either as legitimate children of a valid second marriage or as illegitimate children.
The math depends on who survives and on the marital/cohabitation property regime.
A well-drafted will, timely proof of filiation, and clear property documentation are the biggest levers to protect everyone across first and second families.

If you want, tell me your exact family tree (who survived whom, dates of marriages/decrees, property list), and I’ll map the shares step-by-step using the rules above.