In the Philippines, succession is governed primarily by the Civil Code, supplemented by the Family Code. Understanding the inheritance rights of illegitimate children and common-law partners requires navigating the distinction between "compulsory heirs" and those excluded by law.
I. The Inheritance Rights of Illegitimate Children
Under Philippine law, an illegitimate child is one conceived and born outside a valid marriage. Despite the social stigma historically associated with the term, the law provides clear, albeit unequal, successional rights to these individuals.
1. Status as Compulsory Heirs
Illegitimate children are classified as compulsory heirs. This means they cannot be deprived of their share of the inheritance (the legitime) without a valid legal disinheritance based on specific grounds cited in the Civil Code.
2. The Rule of Proportions: The 2:1 Ratio
The most critical aspect of an illegitimate child's inheritance is the "half-share" rule. Under Article 895 of the Civil Code (as amended by the Family Code), an illegitimate child is entitled to a legitime that consists of one-half (1/2) of the share of a legitimate child.
- Example: If a legitimate child is entitled to a share of PHP 100,000.00, an illegitimate child is entitled to PHP 50,000.00.
- Constraint: The shares of the illegitimate children must be taken from the free portion of the estate. The legitime of the legitimate children and the surviving spouse must always be satisfied first.
3. Requirements for Inheritance
To claim inheritance rights, filiation must be legally established. This is typically done through:
- The record of birth appearing in the civil register.
- An admission of filiation in a public document or a private handwritten instrument signed by the parent.
- In the absence of these, open and continuous possession of the status of an illegitimate child, or any other means allowed by the Rules of Court.
II. The Inheritance Rights of Common-Law Partners
Unlike illegitimate children, common-law partners (live-in partners) occupy a precarious position in Philippine succession law.
1. No Rights as Compulsory Heirs
Under the Civil Code, only a legal spouse—one joined to the decedent in a valid marriage—is a compulsory heir. A common-law partner, regardless of the duration of the relationship or the presence of children, has no legal right to inherit from the deceased partner through intestate succession (succession without a will).
2. Property Ownership vs. Inheritance
While a partner cannot inherit as an "heir," they may still claim ownership of assets based on the rules of co-ownership defined in the Family Code:
- Article 147: Applies to unions where both parties are capacitated to marry (no legal impediments). Properties acquired through joint efforts are owned in equal shares. If one partner did not contribute materially but cared for the household, they are still credited with a half-share.
- Article 148: Applies to unions where there is a legal impediment (e.g., one party is still married to someone else). Only properties where actual joint contribution (money or industry) can be proven are divided.
Note: These are claims of ownership over one's own share of the property, not a claim of inheritance from the deceased’s share.
III. Succession: Testate vs. Intestate
The distribution of the estate depends on whether the decedent left a valid Last Will and Testament.
Intestate Succession (No Will)
If there is no will, the law dictates the distribution. The order of preference ensures legitimate children and the surviving spouse take precedence. Illegitimate children will receive their 1/2 share of a legitimate child's portion. The common-law partner receives nothing.
Testate Succession (With a Will)
A person can grant a portion of their estate to a common-law partner through a will, provided they do not impair the legitime (the reserved portion) of the compulsory heirs (children, parents, or legal spouse).
- The partner can only inherit from the Free Portion of the estate.
- Prohibition: Under Article 739 in relation to Article 1028 of the Civil Code, donations (or testamentary provisions) between persons guilty of adultery or concubinage at the time of the donation are void. This can sometimes be used to challenge a will if the common-law relationship was adulterous.
IV. Summary Table of Rights
| Heir/Partner | Status | Right to Legitime | Share Amount |
|---|---|---|---|
| Legitimate Child | Compulsory Heir | Yes | Full share |
| Illegitimate Child | Compulsory Heir | Yes | 1/2 of a legitimate child's share |
| Legal Spouse | Compulsory Heir | Yes | Same share as one legitimate child |
| Common-Law Partner | Not an Heir | No | 0% (unless granted via Will from free portion) |
V. Conclusion
Philippine law maintains a strict hierarchy that favors the "legitimate family" structure. While illegitimate children have made significant legal strides—securing their status as compulsory heirs with a guaranteed 1/2 share—common-law partners remain largely invisible in the eyes of succession law. For common-law partners to protect one another financially, they must rely on clear property titling during their lifetime or the execution of a valid will that respects the legitimes of other compulsory heirs.