Introduction
In the Philippines, family law and succession rules are primarily governed by the Civil Code of the Philippines (Republic Act No. 386) and the Family Code of the Philippines (Executive Order No. 209). Common-law relationships, where couples live together as husband and wife without a valid marriage, are not recognized as legal marriages. Consequently, children born from such unions are classified as illegitimate under Philippine law. This classification significantly impacts their inheritance rights when both parents pass away.
This article comprehensively explores the inheritance rights of these children, often referred to as "common-law children," in the context of both intestate (without a will) and testate (with a will) succession. It addresses the legal requirements for establishing filiation, the division of parental estates, concurrence with other heirs, property regimes affecting the estate, procedural aspects, and related fiscal obligations. The discussion is rooted in the principle that while illegitimate children have protected inheritance rights, these are generally subordinate to those of legitimate heirs and subject to specific conditions.
Legal Status of Children Born to Unmarried Parents
Under Article 164 of the Family Code, children conceived or born during a valid marriage are legitimate. Conversely, children born outside of marriage, including those from common-law relationships, are illegitimate (Article 165). This includes children born to couples cohabiting without marriage, regardless of the duration of the relationship or public perception of them as married.
Illegitimate status does not deprive children of inheritance rights but limits their shares compared to legitimate children. The law aims to protect all children while upholding the sanctity of marriage. Importantly, if the common-law parents subsequently marry each other, the children may be legitimized under Article 178 of the Family Code, elevating their status to legitimate and equalizing their inheritance rights. However, if no such marriage occurs before both parents' deaths, the children remain illegitimate for succession purposes.
Acknowledgment of Illegitimate Children
Establishing filiation is crucial for inheritance, particularly from the father. For the mother, filiation is automatic upon birth, as maternity is presumed (Article 164, Family Code). Thus, illegitimate children inherently have rights to the mother's estate without further proof.
For the father, acknowledgment is required (Article 278, Civil Code). This can be:
Voluntary: Recorded in the child's birth certificate, a public document (e.g., will), or a private handwritten and signed instrument.
Compulsory: Through a court action for compulsory recognition, which may involve evidence like DNA testing, continuous possession of status as the child, or other proofs under Article 283.
Without acknowledgment, the child cannot inherit from the father or his relatives. In cases where both parents die, heirs must prove acknowledgment to claim the father's estate. If the father dies without acknowledging the child, the child may file a claim within the prescriptive period (generally during the father's lifetime or shortly after, but extended for minors).
Property Regime of Common-Law Spouses
Before determining inheritance, the composition of each parent's estate must be established. Since common-law relationships are not marriages, the Absolute Community of Property or Conjugal Partnership of Gains does not apply. Instead:
If both partners had no legal impediment to marry (e.g., neither was previously married), Article 147 of the Family Code governs. Properties acquired during cohabitation through joint effort are co-owned equally, akin to a partnership. Salaries and wages are also co-owned. Upon death, each partner's estate includes their separate property (acquired before cohabitation or by gratuitous title) plus half of the co-owned property.
If one or both had an impediment (e.g., a prior undissolved marriage), Article 148 applies. Co-ownership exists only for properties where actual contribution is proven; otherwise, properties remain separate. This stricter rule often results in disputes over evidence of contribution.
When both parents die, the co-owned properties are divided, and each half forms part of the respective parent's estate. The children inherit from these estates separately. If the deaths are simultaneous (e.g., in a common accident), Article 43 of the Civil Code presumes simultaneous death, preventing one estate from inheriting from the other.
Intestate Succession: When Parents Die Without a Will
Most succession cases in the Philippines are intestate, governed by Articles 960-1014 of the Civil Code. Estates are distributed according to the order of preference among heirs, with compulsory heirs receiving protected shares (legitime).
General Rules for Illegitimate Children
Illegitimate children are compulsory heirs (Article 887) but rank below legitimate descendants and ascendants. Their intestate share is half that of a legitimate child (Article 895). When both parents die intestate, the children inherit from each estate independently.
From the Mother: As filiation is automatic, the children succeed as primary heirs. If no legitimate descendants or other compulsory heirs, they receive the entire estate (Article 988).
From the Father: Requires acknowledgment. Once established, the same rules apply as from the mother.
Concurrence with Other Heirs
Inheritance shares vary based on surviving relatives:
No Other Heirs: If no legitimate ascendants (e.g., grandparents), siblings, or other relatives, the illegitimate children inherit the entire estate of each parent (Article 988).
With Legitimate Ascendants: If the deceased parent leaves legitimate parents or ascendants (the children's grandparents), the estate is divided equally: 1/2 to the ascendants and 1/2 to the illegitimate children (collectively, divided equally among them). This interpretation reconciles Articles 887, 985, and 988 with doctrinal views from legal scholars like Justice J.B.L. Reyes, ensuring the legitime of illegitimate children is protected.
With Legitimate Children (from Other Relationships): If a parent has legitimate children from a prior marriage, those legitimate children receive full shares, while illegitimate children get half-shares. For example, if one legitimate and one illegitimate child, the estate's legitime portion (1/2) is divided into 1.5 parts: the legitimate gets 1/1.5 (2/3), the illegitimate gets 0.5/1.5 (1/3). The free portion (1/2) is divided equally among all children.
With Illegitimate Siblings: All illegitimate children share equally.
With Collateral Relatives (e.g., Siblings of the Deceased): Illegitimate children exclude collaterals entirely (Article 1003), inheriting the whole estate if no ascendants.
Iron Rule of Succession (Article 992): Illegitimate children cannot inherit from the legitimate relatives of their parents (e.g., grandparents if through the legitimate line), and vice versa. This bars cross-inheritance between legitimate and illegitimate lines.
If both parents die leaving debts, the estates settle obligations first before distribution (Article 1028).
Testate Succession: When There is a Will
If a parent leaves a will, it must respect the legitime of compulsory heirs (Article 886). For illegitimate children:
Their legitime is half that of a legitimate child (Article 895). If the parent has no legitimate children, the legitime for each illegitimate child is computed as half the share a hypothetical legitimate child would receive. For instance, with two illegitimate children and no others, each gets a legitime of 1/4 (half of 1/2 divided by two), totaling 1/2 the estate; the free portion (1/2) can be bequeathed freely.
The parent can favor one child over others in the free portion but cannot impair the legitime.
If the will disinherits an illegitimate child, it must be for valid causes (Article 919, e.g., attempt on the parent's life), and the child can contest it in court.
Unacknowledged illegitimate children may still claim if they prove filiation post-death, potentially annulling dispositions that impair their legitime.
In cases of both parents' wills, each is handled separately.
Procedure for Claiming Inheritance
To claim rights:
Establish Filiation: Secure birth certificates, acknowledgment documents, or court orders.
File for Settlement: Initiate extrajudicial settlement if all heirs agree and no debts (via a notarized deed of partition, published for creditors). Otherwise, judicial settlement via special proceedings in Regional Trial Court.
Pay Estate Taxes: Under the Tax Code (as amended by TRAIN Law, Republic Act No. 10963), estates over PHP 5 million are taxed at 6% on the excess. File returns with BIR within one year of death.
Transfer Titles: Register the settlement with the Register of Deeds for real property; pay donor's tax if applicable.
Minors must be represented by guardians. Disputes (e.g., over acknowledgment or shares) are resolved in family courts or regular courts.
Estate Taxes and Other Considerations
Tax Implications: Estates are subject to estate tax on the net value. Deductions include funeral expenses, debts, and family home allowance (up to PHP 10 million exempt). Illegitimate children qualify for the same deductions as legitimate ones.
Prescription: Claims prescribe after 30 years for real property, 10 years for personal (Article 1141), but legitime actions may be imprescriptible if based on status.
Special Cases: If parents die in a foreign country, Philippine law applies to Filipino citizens' succession (Article 16, Civil Code). For adopted children in common-law setups, adoption legitimizes them fully (Republic Act No. 8552).
Protection Against Disinheritance: Courts protect illegitimate children's legitime rigorously, invalidating wills that violate it.
Conclusion
The inheritance rights of children from common-law relationships in the Philippines, while protected, are nuanced due to their illegitimate status. They enjoy full intestate rights in the absence of superior heirs but share estates when ascendants or legitimate siblings are present. Acknowledgment is pivotal for paternal inheritance, and property regimes under the Family Code determine the estate's scope. Parents can enhance these rights through wills or subsequent marriage for legitimation. Ultimately, these rules balance child protection with the promotion of legal marriage, encouraging formal unions to secure equal rights for descendants. Heirs are advised to consult legal professionals for case-specific guidance.