1) The core rule: which law governs succession when the parent is a foreigner?

When a decedent is a foreign national, Philippine conflict-of-laws rules apply the national law of the decedent to the intrinsic validity of succession. In practical terms:

Who the heirs are,
what shares they get, and
whether “forced heirship/legitimes” exist,

are generally governed by the foreign parent’s national law at the time of death (the “nationality principle”).

At the same time, Philippine law typically governs:

Procedure (estate settlement in Philippine courts, publication, notices, deadlines),
Jurisdiction and venue for proceedings involving property in the Philippines,
Rules of evidence, including how you prove foreign law and filiation,
Property law issues tied to assets located in the Philippines (e.g., land registration, conveyancing requirements).

Bottom line: An illegitimate child’s status as an heir and share may be determined by the foreign parent’s national law, but the process of claiming and transferring property located in the Philippines will run through Philippine procedural rules.

2) What counts as “property in the Philippines,” and why it matters

Philippine courts can take effective action over property located in the Philippines, such as:

Land and houses in the Philippines,
Condominium units (subject to statutory limits on foreign ownership),
Bank accounts and investments held in Philippine institutions,
Shares in Philippine corporations,
Vehicles registered in the Philippines,
Business interests operating in the Philippines.

Even if the parent was a foreigner and died abroad, Philippine proceedings may still be required (or strongly advisable) to transfer title or release assets situated locally.

3) “Illegitimate child” in Philippine law, and why the label can shift in cross-border cases

A. The Philippine definition (domestic context)

Under Philippine family and succession rules, an illegitimate child is generally a child conceived and born outside a valid marriage of the parents, subject to rules on legitimation and special cases.

In purely Philippine-law succession (e.g., Filipino parent), illegitimate children are:

Compulsory heirs (they cannot be totally excluded except by valid disinheritance), and
Entitled to a legitime, typically one-half of the share of a legitimate child (in the usual concurrence scenarios).

B. When the parent is a foreigner

Because the foreign parent’s national law governs the intrinsic aspects of succession, the category “illegitimate” may not work the same way. Some countries:

Have abolished distinctions between “legitimate” and “illegitimate,” granting equal inheritance rights;
Still impose limitations (e.g., only if acknowledged, or only to a certain portion);
Treat children differently depending on recognition, legitimation, or parental status.

So, the child’s inheritance right may be better than Philippine law (equal shares), or worse (restricted), depending on the foreign national law that applies—and whether it is properly proven in a Philippine proceeding.

4) Establishing filiation: the non-negotiable foundation of the claim

Whatever law ultimately governs shares, you must prove you are the decedent’s child.

A. Common ways to prove filiation in Philippine proceedings

Philippine courts typically accept filiation proof through:

Civil registry documents (e.g., birth certificate) showing the parent as father/mother, especially if signed/acknowledged in a legally meaningful way;
Written acknowledgment by the parent (public or private document, depending on circumstances);
Open and continuous possession of status as the child (the parent treated you as such consistently—support, use of surname, public recognition, etc.);
Judicial action to establish filiation when voluntary recognition is absent;
DNA evidence, increasingly used to establish paternity when other proofs are lacking (subject to procedural rules and court discretion).

B. Foreign documents (birth certificates, acknowledgments, court orders)

If your evidence is issued abroad:

It generally must be properly authenticated for Philippine use (e.g., apostille route for many countries, or consular authentication for others—depending on the issuing state and applicable rules).
If it’s in a foreign language, you’ll need a competent translation.

C. Timing matters

If the parent is already deceased, proving paternity can become harder, but it’s still possible through:

DNA testing involving the decedent’s known relatives (where allowed and ordered),
Documentary evidence of acknowledgment,
Prior foreign judgments or orders recognizing paternity (which may need recognition/enforcement steps, depending on nature and effect).

5) Intestate succession (no will): how an illegitimate child inherits

A. If the decedent is a foreigner

The foreign parent’s national law generally determines:

whether an illegitimate child is an heir,
whether recognition is required,
what share the child receives,
whether the surviving spouse/other children/parents share in the estate, and how.

B. If the foreign law is NOT proven

A crucial practical rule in Philippine litigation: foreign law is treated as a question of fact and must be alleged and proven. If parties fail to prove foreign law, courts may apply the presumption that foreign law is the same as Philippine law (often called processual presumption).

Practical effect: If you don’t prove the foreign parent’s national inheritance law, the court may default to Philippine intestacy rules, which can materially change shares.

6) Testate succession (with a will): what changes?

A. The will’s validity involves two layers

Extrinsic validity (formalities): Typically concerns whether the will was executed with the required formalities (witnesses, signing, etc.). Depending on circumstances, Philippine rules recognize certain wills executed abroad if they comply with applicable formal-validity standards.
Intrinsic validity (who can inherit; legitimes; limits): For a foreign decedent, the foreign national law typically governs whether:
- the illegitimate child is a compulsory heir (if that concept exists),
- the child can be reduced or excluded,
- forced shares apply,
- disinheritance rules are satisfied.

B. Can a foreign parent disinherit an illegitimate child with Philippine property?

If the foreign national law allows broad freedom to dispose, it may permit exclusion even for children. Philippine courts generally follow the foreign national law on intrinsic issues—subject to narrow public policy limits.

7) Legitimes and compulsory heirs: the Philippine framework (often relevant as a fallback or comparator)

This section matters because it may apply when:

The parent is actually a Filipino citizen (including certain dual-citizenship situations depending on facts), or
The foreign law is not proven and the court applies Philippine rules by presumption, or
Parties negotiate using Philippine concepts as a baseline.

A. Illegitimate children as compulsory heirs

Under Philippine law, illegitimate children are compulsory heirs and entitled to a legitime.

B. The “one-half share” rule (general principle)

As a general rule under Philippine law, an illegitimate child’s legitime is one-half of what a legitimate child receives, in concurrence scenarios.

C. Surviving spouse and other heirs

Shares depend on who survives: legitimate children, illegitimate children, spouse, ascendants, etc. Philippine succession can become technical quickly; the key point is that illegitimate children cannot be ignored in a Philippine-law distribution without risking invalidity or reduction of dispositions.

8) Where the estate is settled: Philippine proceedings you’ll likely encounter

A. If the foreign parent left property in the Philippines

Heirs often need a Philippine settlement to:

Transfer land titles,
Withdraw bank deposits,
Transfer shares in corporations,
Sell or partition property.

B. Common pathways

Judicial settlement (court proceeding) Used when there are disputes, minors, a will to probate, or complicated assets.
Extrajudicial settlement (notarial route) Possible only if statutory conditions are met (commonly: no will, no outstanding debts, all heirs agree, proper publication, etc.). Risk point: If an illegitimate child is omitted and later proves filiation, the settlement can be challenged.
Probate and ancillary proceedings If there is a will probated abroad, heirs may still need steps in the Philippines to give effect to it regarding Philippine-situated assets, depending on circumstances.

9) Proving foreign law in Philippine court: a frequent make-or-break issue

A. Foreign law is usually not judicially noticed

Philippine courts generally require:

Proper pleading of the applicable foreign law, and
Proof through competent evidence (often certified copies, expert testimony, official publications, etc., depending on the rules and the nature of the law).

B. If you fail to prove it

The court may apply Philippine law by default (processual presumption). This can benefit or harm the illegitimate child depending on whether the foreign law is more generous or more restrictive.

10) Recognition, legitimation, and later marriage: can the child’s status change?

A. Under Philippine family law

A child’s status may change through legitimation if:

The parents later marry, and
At the time of conception, there was no legal impediment to marry.

If legitimation applies, the child may be treated as legitimate under Philippine law, affecting inheritance shares when Philippine law governs.

B. With a foreign parent

Whether legitimation is recognized and what effect it has can become a conflict-of-laws question:

If foreign national law governs succession, that law’s legitimation concepts may control the inheritance effect.
Evidence of legitimation (foreign marriage, foreign legitimation rules, foreign civil registry changes) must typically be proven.

11) Special asset issues when the decedent is a foreigner

A. Philippine land and constitutional restrictions

Philippine constitutional rules restrict foreign ownership of land. If a foreign decedent owned land in the Philippines, it typically means one of the following:

The decedent was (or became) a Filipino citizen (or otherwise legally qualified) when acquiring/holding it, or
The land ownership may be legally problematic and can trigger disputes affecting the estate’s transmissible rights.

This doesn’t erase an illegitimate child’s claim to inherit whatever transmissible interest exists, but it can complicate what exactly can be transferred and to whom.

B. Condo units and other allowable holdings

Foreigners can own condominium units subject to statutory foreign-ownership caps in the condominium project; these are often more straightforward to transmit than land (though still subject to compliance requirements).

12) Practical dispute patterns (and how they play out)

A. “He was a foreigner, so Philippine legitime rules don’t apply”

Often true on intrinsic issues—if foreign law is proven. If not proven, Philippine rules may be applied by presumption.

B. “The child is illegitimate, so they get nothing”

Not automatically. Many foreign laws grant equal rights; Philippine law grants legitimes. The decisive questions are:

Is filiation proven?
What law governs intrinsic succession?
What does that law provide?

C. “We already did an extrajudicial settlement; it’s final”

Not necessarily. If an heir (including an illegitimate child) was unlawfully excluded, remedies may include:

Annulment or partial invalidation,
Reconveyance/partition,
Damages in appropriate cases, subject to defenses like prescription, laches, and purchaser-in-good-faith issues (highly fact-specific).

13) Step-by-step: how an illegitimate child typically asserts inheritance rights

Collect proof of filiation
- Birth record, acknowledgment documents, correspondence, financial support proof, photos, declarations, etc.
- If needed, prepare for a filiation case and/or DNA strategy.
Identify the decedent’s nationality at death
- Passport/citizenship records; dual citizenship if applicable.
Inventory Philippine assets
- Land titles, tax declarations, bank accounts, corporate shares, condo CCTs, vehicles, etc.
Determine whether there is a will
- Local and foreign.
If foreign law applies, prepare proof
- Certified texts of relevant statutes, expert testimony if needed, case law excerpts where appropriate.
Choose the correct settlement path
- Judicial settlement if contested; extrajudicial only if clearly qualified and inclusive of all heirs.
Assert rights early
- Delays can create practical and legal obstacles (transfers to third parties, estate depletion, defenses).

14) Common pitfalls

Assuming Philippine legitimes automatically apply even when the parent is foreign (they may not—unless foreign law is unproven or other connecting factors apply).
Failing to prove foreign law, unintentionally triggering Philippine-law distribution.
Weak filiation evidence, especially when the father is deceased and acknowledgment was never formalized.
Omitting heirs in extrajudicial settlements, creating later lawsuits and title problems.
Using foreign documents without proper authentication/translation, causing exclusion of key evidence.

15) Key takeaways

An illegitimate child’s inheritance claim to a foreign parent’s Philippine property turns on two pillars: (1) proof of filiation, and (2) the foreign parent’s national law on succession (properly proven in court).
Philippine courts can administer and transfer Philippine-situated assets, but the distribution rules (who inherits and how much) are typically driven by the foreign national law—unless that law is not proven, in which case Philippine law may be applied by presumption.
Even where foreign law governs intrinsic succession, Philippine procedure and evidence rules heavily influence outcomes.

This article is for general information in the Philippine legal context and is not legal advice. Cross-border succession is highly fact-specific; consulting a Philippine lawyer experienced in estate settlement and conflict of laws is strongly recommended, especially where foreign law proof and filiation are contested.