In Philippine succession law, the status of a child—whether legitimate or illegitimate—is a primary determinant of their inheritance rights. While the Family Code of 1987 (Executive Order No. 209) updated many definitions, the Civil Code of the Philippines remains the foundational authority governing the distribution of estates.
The law has historically maintained a distinction between "legitimate" children (born within a valid marriage) and "illegitimate" children (born outside a valid marriage). This distinction carries significant weight in the computation of the legitime, which is the part of the testator's property reserved by law for compulsory heirs.
1. Who are Illegitimate Children?
Under the Family Code, which supersedes older Civil Code definitions, children conceived and born outside a valid marriage are considered illegitimate. This includes:
- Children born to parents who are not married to each other.
- Children born of incestuous marriages.
- Children born of bigamous marriages.
- Children born of marriages void under Article 36 (psychological incapacity), though the law provides specific exceptions where children of certain void marriages are still considered legitimate.
2. The Right to Inherit
Illegitimate children are classified as Primary Compulsory Heirs. This means they cannot be deprived of their share of the inheritance without a legal cause (disinheritance). Their right to inherit is vested at the moment of the death of the decedent.
However, the Civil Code establishes a clear hierarchy: The legitime of an illegitimate child is exactly one-half (1/2) of the legitime of a legitimate child.
3. Computation of Shares
To understand how an illegitimate child inherits, one must look at the various scenarios of concurrence (who else is surviving the deceased):
| Surviving Heirs | Share of Illegitimate Child |
|---|---|
| Legitimate Children + Illegitimate Children | Each illegitimate child gets 1/2 of the share of one legitimate child. |
| Surviving Spouse + Illegitimate Children | The illegitimate children divide among themselves 1/3 of the estate, while the spouse gets 1/3. |
| Legitimate Parents + Illegitimate Children | The parents get 1/2 of the estate; the illegitimate children divide 1/4 of the estate. |
| Illegitimate Children Alone | They divide 1/2 of the hereditary estate among themselves. |
Note on the "Free Portion": The shares of illegitimate children are taken from the "Free Portion" of the estate—the part not reserved for legitimate children or the surviving spouse. If the total shares exceed the free portion, the shares of the illegitimate children are reduced pro-rata, while the shares of legitimate children remain untouched.
4. The "Iron Curtain" Rule (Article 992)
One of the most significant and controversial provisions of the Civil Code regarding illegitimate children is Article 992, often referred to as the "Iron Curtain Rule."
"An illegitimate child has no right to inherit ab intestato from the legitimate children and relatives of his father or mother; nor shall such children or relatives inherit in the same manner from the illegitimate child."
This rule creates a legal barrier between the "legitimate family" and the "illegitimate family." An illegitimate child can inherit from their parent, but they cannot inherit from their parent’s legitimate siblings, parents (grandparents), or other legitimate relatives via intestate succession (succession without a will). The law presumes an intervening antagonism between these two family groups.
5. Requirements for Inheritance
An illegitimate child does not automatically inherit simply by claiming a biological link. Under Article 175 of the Family Code, filiation must be proven through:
- The record of birth appearing in the civil register or a final judgment.
- An admission of illegitimate filiation in a public document or a private handwritten instrument signed by the parent.
- The open and continuous possession of the status of an illegitimate child.
- Any other means allowed by the Rules of Court and special laws (such as DNA testing, which the Supreme Court has ruled as admissible evidence).
6. Testamentary vs. Intestate Succession
- Testamentary (With a Will): A parent can leave more than the mandated legitime to an illegitimate child through a will, provided they do not impair the legitime of other compulsory heirs.
- Intestate (Without a Will): If the parent dies without a will, the proportions set by the Civil Code apply strictly. The illegitimate child will receive their share based on the formulas of legal succession, always subject to the 1:2 ratio relative to legitimate children.
Summary of Legal Standing
While the 1987 Constitution and subsequent laws have moved toward protecting the "best interests of the child," the Civil Code’s economic distinction remains. The illegitimate child is a compulsory heir entitled to a protected share, but that share is mathematically subordinate to that of legitimate offspring, and their right to inherit from the broader legitimate family tree is barred by the "Iron Curtain" of Article 992.