Simplified query: Can a legitimate child be excluded from a will in favor of an illegitimate child in the Philippines?

In the Philippines, the law provides specific protections and stipulations regarding the inheritance rights of legitimate and illegitimate children. According to the Family Code and the Civil Code of the Philippines, while a testator has the freedom to dispose of his properties through a will, there are certain restrictions to ensure that compulsory heirs, including legitimate children, are not entirely disinherited without just cause.

Compulsory Heirs: Legitimate children are considered compulsory heirs in the Philippines. This means they are entitled to receive a portion of the deceased's estate by law. The portion reserved for legitimate children cannot be fully disposed of in the will to the exclusion of these heirs.
Legitime: The portion of the estate that must be reserved for the compulsory heirs is known as "legitime". Even if the will stipulates otherwise, the law mandates that legitimate children are entitled to their legitime, which is typically half of the estate divided equally among them.
Disinheritance: A legitimate child can only be disinherited for reasons explicitly stated in the Civil Code, which includes severe cases such as attempted murder against the testator, grievous insults, or significant neglect. This disinheritance must be clearly justified and detailed in the will, and it can be contested in court.
Rights of Illegitimate Children: Illegitimate children also have inheritance rights, though their share is typically half of what a legitimate child would receive. They cannot inherit via intestate succession more than what is legally designated for them unless explicitly stated in the will.
Contesting the Will: If a legitimate child is excluded from a will or given less than their legitime, they have the right to contest the will in court. The court will examine the validity of the will, the reasons for disinheritance if applicable, and ensure that the rights of compulsory heirs are not violated.
Legal Advice: It is advisable for individuals involved in inheritance disputes or those who believe their inheritance rights are being infringed upon to seek legal advice. A lawyer specializing in family law can provide guidance on how to proceed with contesting a will and securing one's rightful share of the inheritance.

In summary, while a testator in the Philippines has a degree of freedom in distributing their estate through a will, the rights of legitimate children as compulsory heirs are protected by law. These rights ensure that legitimate children cannot be wholly disinherited without legally valid and justifiable reasons.