Inheritance Rights of Illegitimate Children under Philippine Law
(A comprehensive guide based on statutes, rules on succession, and controlling jurisprudence up to 17 April 2025)
1. Key Statutes, Codes & Policy Foundations
| Instrument | Salient provisions on illegitimate children |
|---|---|
| Civil Code (Republic Act No. 386, 1950) | Arts. 887‑909 on legitime; Art. 992 “iron curtain” disallowing intestate succession between an illegitimate child and legitimate relatives of a parent; Arts. 975‑978 on order of intestacy; Arts. 970‑971 on representation. |
| Family Code of the Philippines (E.O. 209, 1987) | Arts. 172‑176 on filiation & legitime. Art. 176 erased the old Civil‑Code sub‑classes (“natural,” “spurious,” etc.) and fixed the legitime of each illegitimate child at ½ of a legitimate child’s legitime. |
| Republic Act No. 9858 (2009) | Legitimation of children born to parents who could have married at the time of birth but did so only later. Once legitimated, the child’s status becomes as if legitimate from birth—the iron curtain vanishes. |
| Republic Act No. 11222 (2019) | Administrative adoption of foundlings; once adopted, the child is legitimate for all intents, including succession. |
| Tax Laws | Estate‑tax computations track civil‑law shares; illegitimate heirs enjoy the same exemption brackets and 6 % estate‑tax rate under the TRAIN Law. |
2. Classification & Proof of Filiation
| Concept | Rule | Practical notes |
|---|---|---|
| Who is “illegitimate” today? | A child not conceived or born in a valid or voidable marriage and not legitimated or adopted. (FC Art. 165) | Void marriages still produce illegitimate children unless covered by legitimation (R.A. 9858) or adoption. |
| Proof of filiation (FC Art. 172‑175) | (1) Record of birth signed by parent; (2) Parent’s admission in public instrument or sworn statement; (3) Open & continuous possession of status; or (4) Any other admissible evidence, subject to prescriptive rules. | Action to claim legitimacy or illegitimacy: imprescriptible while parents alive; within 10 yrs from parent’s death if raised for succession purposes. |
3. Successional Rights Vis‑à‑Vis Legitimate Heirs
Compulsory‑heir status
Illegitimate children are compulsory heirs of both parents. A testator may dispose of only the free portion after first reserving their legitimes (Civil Code Art. 904).Legitime computation
- Co‑existence with legitimate descendants: Each illegitimate child gets ½ of the share of each legitimate child (Art. 895).
- Co‑existence with legitimate ascendants only: One‑half of the estate to legitimate ascendants collectively, the other half to illegitimate children pro‑rata (Art. 902).
- If only illegitimate children survive: They divide the entire estate equally (Art. 902, 2nd par.).
- With a surviving spouse:
Survivors Spouse’s legitime Illegitimate child(ren)’s legitime Legitimate children & spouse ½ of a legitimate child’s share ½ of a legitimate child’s share Illegitimate child(ren) & spouse only ½ of estate ½ of estate equally
The “Iron Curtain” (Art. 992 Civil Code)
- No succession, testate or intestate, between an illegitimate child and the legitimate children, parents, or collateral relatives of either parent.
- The barrier works one‑way: an illegitimate child may inherit from the parent, but not from the parent’s legitimate siblings, etc., and vice‑versa.
- Attempts at reform: Several pending bills (e.g., Senate Bill 1235, House Bill 7934) seek to repeal Art. 992 to conform with Art. III §1 equal‑protection and CRC principles, but none have become law as of April 2025.
Right of representation
- An illegitimate child may represent only within his/her own line (i.e., descendants).
- They cannot represent a legitimate parent or be represented by legitimate kin because of Art. 992.
4. Testate vs Intestate Succession
| Scenario | What the will may validly do | When intestacy applies |
|---|---|---|
| Testate (there is a will) | Testator may freely dispose of the free portion (½ when both legitimate and illegitimate compulsory heirs exist; may be up to ¾ if only descendants survive and legitime is ¼). Illegitimate child’s legitime is always ½ of a legitimate child’s legitime. | If the will impairs legitime or is void, resort is to intestacy following Civil Code Arts. 960‑1016. |
| Intestate (no will or will void) | Shares follow Arts. 960‑1016; iron curtain applies. | Frequent litigation arises where illegitimate heirs seek judicial partition but must first establish filiation within the 10‑year period from death. |
5. Legitimation & Its Successional Effect
- By Subsequent Valid Marriage – R.A. 9858 converts the child’s status retroactively to legitimate, abolishing the ½‑share limitation and tearing down the iron curtain.
- By Adoption (Domestic Act, Inter‑country, RA 11222 for foundlings) – Adopted child becomes legitimate; biological parents’ succession rights are severed.
- By Acknowledgment Under Old Civil Code – No longer relevant after 3 Aug 1988, but earlier acknowledgments retain effect.
6. Estate Tax & Procedural Aspects
| Topic | Key points |
|---|---|
| Estate‑tax return | File within 1 year from death (BIR Form 1801). Illegitimate heirs sign as “compulsory heirs/beneficiaries.” |
| Deductions | Legitimate and illegitimate children may both claim the P5 million standard deduction and family‑home deduction (up to P10 million) before computing the 6 % net‑estate tax. |
| Settlement proceedings | If heirs (legitimate & illegitimate) agree, they may extrajudicially settle via public instrument under Rule 74; otherwise, a special proceeding for settlement of estate (Rule 73‑90, Rules of Court) is necessary. |
| Prescription of action for partition | 10 years from when co‑ownership is expressly repudiated, but recognition of filiation must first be resolved if contested. |
7. Leading Supreme Court Decisions
| Case | G.R. No. | Doctrine |
|---|---|---|
| Diaz v. IAC (29 Oct 1988) | 73510 | Affirmed Art. 992’s iron curtain; equal‑protection challenge rejected. |
| Heirs of Malate v. Gamboa (13 Aug 2002) | 141126 | Illegitimate children are compulsory heirs even if conceived while one parent was married to another. |
| Estate of Don Avelino Madrigal (Madrigal v. Melchor, 2012) | 198321 | Clarified that open & continuous possession of status suffices to prove filiation for succession. |
| Tan v. Chiu (22 June 2021) | 237398 | Re‑affirmed the iron curtain and ½‑share rule; urged Congress—not the Court—to amend Art. 992. |
| Cabais v. Heirs of Cabais (19 Apr 2023) | 251684 | Recognition action filed after probate but within 10 years from death is timely; probate court has jurisdiction to resolve filiation when indispensable to settlement. |
8. Practical Illustrations
Problem 1 – Mixed children, no spouse
Facts: A dies leaving legitimate children L1 & L2 and illegitimate children I1 & I2. No spouse survives.
Estate division:
- Total legitime = ½ estate.
- Legitimate share = ½⁄2 = ¼ each to L1 & L2.
- Illegitimate share = (¼ × ½) = ⅛ each to I1 & I2.
- Free portion = ½ estate; in intestacy it is distributed pro rata using same 1:½ ratio, doubling the above numbers.
Problem 2 – Iron curtain in action
Facts: B (legitimate) dies intestate, survived by her legitimate brother R and her sole child C who is illegitimate.
Outcome: Art. 992 bars C from inheriting from B’s legitimate relatives; R inherits entire estate. C is entitled only to whatever share she may have from her own parents, not from legitimate collaterals.
9. Emerging Issues & Reform Directions (As of 2025)
- Pending repeal of Art. 992. Both Houses of Congress have repeatedly cited UNCRC equality norms. If passed, illegitimate children would inherit alongside legitimate relatives, removing the iron curtain.
- Digital proof of filiation. PSA now accepts DNA‑result attachments for delayed registration, influencing probate courts.
- Estate‑planning trend. Parents in blended families increasingly use inter‑vivos irrevocable trusts to equalize shares (trust property is outside the estate and the ½‑rule).
- Shari’a courts. In the Bangsamoro, the Code of Muslim Personal Laws prevails; however, outside its reach, the Civil/Family Code rules above apply even to Muslim illegitimate children.
10. Checklist for Practitioners & Heirs
- □ Secure proof of filiation early: PSA birth certificate, notarized acknowledgment, DNA‑supported affidavit.
- □ Audit legitime exposure before drafting a will; remember the ½‑share ceiling.
- □ Flag potential Art. 992 conflicts—advise on adoption/legitimation if the policy goal is full parity.
- □ Observe tax deadlines (1‑year filing; 2‑year payment if installment approved under RR 12‑2023).
- □ Mind prescriptive periods: 10 years from death to sue for legitime or recognition if not already acknowledged.
Conclusion
Philippine law has traveled far from the stigmatizing classifications of filius nullius. Illegitimate children today are compulsory heirs—but they still receive only half a legitimate child’s legitime and remain fenced off from their parents’ legitimate kin by the century‑old iron curtain of Civil Code Article 992. Until Congress amends that barrier, careful estate planning—marriage, legitimation, adoption, trusts, or generous inter‑vivos transfers—remains the surest path to genuine equality within modern Filipino families.