Introduction

In the Philippines, family dynamics often evolve through remarriage, particularly following the death or annulment of a previous spouse. This raises critical questions about the inheritance rights of children from prior unions. Philippine law, primarily governed by the Civil Code of the Philippines (Republic Act No. 386) and the Family Code of the Philippines (Executive Order No. 209, as amended), ensures that children's inheritance rights are protected irrespective of a parent's subsequent marriage. These rights are rooted in the principles of succession, legitime (the compulsory portion of the estate reserved for certain heirs), and property regimes in marriage. This article comprehensively explores the legal framework, key concepts, scenarios, and implications for children when a parent remarries, emphasizing the inviolability of their inheritance entitlements.

Legal Framework Governing Inheritance

The Civil Code on Succession

The Civil Code's Book III (Articles 774-1105) outlines the rules of succession, which determine how property is transmitted upon death. Succession can be testate (with a will) or intestate (without a will). Children's rights as heirs are classified under compulsory heirs, who cannot be entirely disinherited except in specific cases of unworthiness (e.g., attempted murder of the parent, as per Article 1032).

Compulsory heirs include:

Legitimate children and their legitimate descendants.
In the absence of children, legitimate ascendants (parents or grandparents).
The surviving spouse.
Illegitimate children (with reduced shares compared to legitimate ones).

Remarriage does not alter the status of children from a previous marriage as compulsory heirs. They retain their rights to the legitime, which is a fixed portion of the estate that must be reserved for them. For legitimate children, the legitime is typically one-half of the estate divided equally among them, with the surviving spouse and other heirs sharing the remainder.

The Family Code and Marital Property Regimes

The Family Code (Articles 74-148) regulates property relations between spouses, which indirectly impact inheritance. When a parent remarries without a prenuptial agreement, the default regime is the Absolute Community of Property (ACP) for marriages after August 3, 1988, or Conjugal Partnership of Gains (CPG) for earlier ones. Under ACP, all property acquired during the marriage (except certain exclusions like inheritances received individually) becomes community property. In CPG, only gains from work or industry are shared.

Upon the death of the remarried parent:

The community or conjugal property is liquidated, with half going to the surviving spouse.
The deceased's share becomes part of the estate subject to succession.
Children from the first marriage have claims only on the deceased's separate property and their share of the community/conjugal property attributable to the deceased.

If the remarriage involves a separation of property regime (via prenuptial agreement), each spouse's assets remain distinct, simplifying inheritance but potentially affecting spousal support obligations.

Special Considerations for Annulment or Legal Separation

If the first marriage was annulled or declared null (e.g., under Articles 35-54 of the Family Code), children remain legitimate and retain full inheritance rights. Remarriage after such declarations does not diminish these rights. In cases of legal separation (Articles 55-67), property is separated, but inheritance rights persist unless disinheritance grounds exist.

Inheritance Rights of Children from the First Marriage

Legitime Protection

The core protection is the legitime, which safeguards children against disinheritance. For a parent with legitimate children who remarries:

If one child: Legitime is one-half of the estate.
If two or more children: Legitime is one-half divided equally.
The surviving spouse's legitime is equal to that of one legitimate child (e.g., if two children, spouse gets one-third of the half).

Example: A father with two children from his first marriage remarries and has no children from the second. Upon his death, the estate's free portion (the disposable half) can be willed to the new spouse or others, but the legitime (half) must go to the two children equally. The new spouse receives a share equivalent to one child's legitime from the legitime portion.

Remarriage cannot prejudice this; any attempt to reduce the legitime via donations or wills during the second marriage can be challenged as inofficious (Article 909), leading to reduction or rescission.

Intestate Succession

If the parent dies without a will (Articles 978-1014):

With children and a surviving spouse: The estate is divided equally among the children, with the spouse getting a share equal to one child.
If children from both marriages: All legitimate children share equally, with illegitimate children getting half the share of legitimate ones.
The new spouse inherits as a compulsory heir but cannot claim more than their designated share.

Scenario: A mother with three children from her first marriage remarries and has one child from the second. Intestate estate division: The four legitimate children share the estate equally, with the second spouse getting a share equal to one child (i.e., one-fifth).

Testate Succession

With a will (Articles 783-977), the parent can dispose of the free portion (typically half the estate after legitime). However:

Children cannot be deprived of their legitime except for valid disinheritance (e.g., abandonment, Article 919).
The new spouse can be favored in the free portion, but not at the expense of children's legitime.
Holographic or notarial wills must comply with formalities; otherwise, intestate rules apply.

Impact of Children from the Second Marriage

Legitimate Children from Remarriage

Children born or adopted during the second marriage are legitimate and compulsory heirs, sharing equally with siblings from the first marriage. This dilutes individual shares but does not eliminate rights. Adoption (under Republic Act No. 8552, Domestic Adoption Act) confers full heir status, treating adopted children as legitimate.

Illegitimate Children

If the remarried parent has illegitimate children (e.g., from extramarital affairs), they are entitled to half the legitime of legitimate children (Article 895). Remarriage does not affect this, but acknowledgment (via birth certificate or will) is required for inheritance claims.

Property Acquired Before and During Remarriage

Separate Property

Property owned before the second marriage (e.g., from the first marriage or personal inheritance) remains separate under ACP/CPG (Articles 91-93, Family Code). Children from the first marriage have preferential claims on this as part of the estate, subject to legitime.

Donations and Inter Vivos Transfers

A remarried parent may donate property to the new spouse or stepchildren (Articles 748-749, Civil Code). However:

Donations exceeding the free portion can be collated and reduced if they impair legitime (Article 1061).
Children can file actions for rescission within five years of the parent's death (Article 1149).

Rights of Stepchildren and the New Spouse

Stepchildren's Rights

Stepchildren (children of the new spouse from previous relationships) have no automatic inheritance rights from the stepparent unless adopted or named in a will. Adoption integrates them as legitimate heirs.

Surviving Spouse's Rights

The second spouse inherits as a compulsory heir but ranks below children in intestate succession. Upon the spouse's death, their share passes to their own heirs, not necessarily to stepchildren.

Challenges and Disputes

Pretermitted Heirs

If a will omits a child (Article 854), the child is entitled to their legitime as if intestate.

Collation and Advancement

Property given to children during the parent's lifetime (e.g., education funding) may be collated to compute legitime (Article 1061), ensuring equity.

Judicial Remedies

Children can seek judicial partition (Article 1083), annulment of fraudulent transfers, or damages. Prescription periods apply (e.g., 10 years for written contracts, Article 1144).

Special Cases

Muslim Personal Laws

In regions under the Code of Muslim Personal Laws (Presidential Decree No. 1083), inheritance follows Shari'ah principles, where sons get double daughters' shares, and remarriage affects distribution differently. This applies only to Muslims.

Overseas Filipino Workers (OFWs)

For OFWs, inheritance is governed by Philippine law if the deceased was Filipino (Article 16, Civil Code), regardless of remarriage abroad.

Same-Sex Remarriage

While same-sex marriage is not recognized in the Philippines, cohabitation property may be treated as co-ownership, with inheritance via will only.

Conclusion

The Philippine legal system robustly protects the inheritance rights of children when a parent remarries, prioritizing legitime and compulsory heirship to prevent disenfranchisement. While remarriage introduces new heirs like the spouse and potential children, it cannot erode the foundational entitlements of prior offspring. Families are advised to consult legal professionals for estate planning, such as wills or prenuptial agreements, to minimize disputes and ensure harmonious succession. Understanding these rights fosters family stability and upholds the constitutional mandate to protect the family as the basic societal unit (Article II, Section 12, 1987 Constitution).