Introduction

In the Philippine legal system, inheritance rights are primarily governed by the Civil Code of the Philippines (Republic Act No. 386, as amended), particularly Book III on Succession, and supplemented by the Family Code of the Philippines (Executive Order No. 209, as amended). These laws ensure that children, whether legitimate or illegitimate, have rights to inherit from their parents, reflecting the state's policy to protect family ties and provide for descendants. However, distinctions exist between legitimate and illegitimate children in terms of the extent of their inheritance shares, rooted in historical and social considerations. This article explores the definitions, legitime (compulsory portion), rules on testate and intestate succession, proof of filiation, and other relevant aspects, providing a comprehensive overview within the Philippine context.

Definitions and Classification of Children

Under the Family Code, children are classified based on their parents' marital status at the time of conception or birth:

Legitimate Children: These are children conceived or born during a valid marriage between their parents (Article 164, Family Code). This includes children conceived before the marriage if the parents subsequently marry, or those adopted through legal processes. Legitimate children enjoy full rights without needing additional proof of filiation beyond the birth certificate or marriage records.
Illegitimate Children: These are children conceived and born outside of wedlock (Article 165, Family Code). They include children born to unmarried parents or those from void or voidable marriages under certain conditions. However, illegitimate children can be "legitimated" if their parents subsequently marry (Article 177, Family Code, as amended by Republic Act No. 9255), which elevates their status to that of legitimate children for all legal purposes, including inheritance.

The distinction is crucial because it affects the quantum of inheritance rights, though both categories are recognized as compulsory heirs entitled to a share of the estate.

Compulsory Heirs and the Concept of Legitime

Succession in the Philippines is divided into compulsory, testamentary, and intestate portions. The legitime is the part of the testator's estate reserved by law for compulsory heirs, which cannot be freely disposed of or burdened (Article 886, Civil Code). Compulsory heirs include:

Legitimate children and descendants.
Illegitimate children and descendants.
The surviving spouse.
Legitimate parents or ascendants (in the absence of children).

Legitime for Legitimate Children

The legitime of each legitimate child consists of one-half (1/2) of the hereditary estate of the parent, divided equally among them (Article 888, Civil Code). For example, if a parent dies leaving an estate worth PHP 1,000,000 and two legitimate children, the legitime portion is PHP 500,000, with each child entitled to PHP 250,000. Descendants inherit by representation if a child predeceases the parent (Article 981).

Legitime for Illegitimate Children

Illegitimate children are entitled to a legitime equal to one-half (1/2) of that of a legitimate child (Article 895, Civil Code). Using the previous example, if there is one legitimate child and one illegitimate child, the legitimate child's legitime is PHP 250,000 (half of the half-estate), and the illegitimate child's is PHP 125,000. This rule applies regardless of the number of children, with shares adjusted proportionally.

If there are no legitimate children, illegitimate children receive the full legitime reserved for children, divided equally among them. The free portion (the remaining half of the estate) can be disposed of by will to anyone, including illegitimate children beyond their legitime.

Importantly, Republic Act No. 9255 (2004) amended the Family Code to allow illegitimate children to use their father's surname if acknowledged, but it did not alter the inheritance shares. The law emphasizes equality in rights except where expressly differentiated.

Intestate Succession

Intestate succession occurs when the deceased leaves no valid will or when the will is invalid (Article 960, Civil Code). The estate is distributed according to legal rules prioritizing compulsory heirs.

Rules Involving Legitimate and Illegitimate Children

Exclusive Legitimate Children: The entire estate is divided equally among legitimate children or their descendants by representation (Article 980).
Exclusive Illegitimate Children: The estate is divided equally among them (Article 983, as interpreted).
Mixed Legitimate and Illegitimate Children: The shares are in the proportion of 2:1, where each legitimate child receives twice the share of each illegitimate child (Article 983). For instance, with one legitimate and one illegitimate child, the estate is divided into three parts: two for the legitimate (2/3) and one for the illegitimate (1/3). If there are two legitimate and two illegitimate children, the estate is divided into six parts: two each for legitimate (4/6 total) and one each for illegitimate (2/6 total).

The surviving spouse, if any, receives a share equal to that of a legitimate child (Article 999). Illegitimate children exclude legitimate parents but not the spouse.

In cases of adoption, adopted children are treated as legitimate for inheritance purposes (Republic Act No. 8552, Domestic Adoption Act).

Testate Succession

In testate succession, the deceased leaves a valid will. The testator must respect the legitime; otherwise, the will may be impugned for preterition (complete omission) or inofficious donation (encroaching on legitime).

For Legitimate Children: They cannot be deprived of their legitime except in cases of disinheritance for valid grounds, such as attempting against the parent's life or unjust refusal of support (Article 919).
For Illegitimate Children: Similar rules apply, but disinheritance grounds are the same. Illegitimate children must be acknowledged to claim as compulsory heirs; otherwise, they may only receive from the free portion if named in the will.

The testator can favor legitimate children more in the free portion, but the legitime differential (2:1 ratio) must be maintained.

Proof of Filiation

To claim inheritance, filiation (parent-child relationship) must be established.

For Legitimate Children

Prima facie proof: Birth certificate signed by the parent or marriage certificate (Article 172, Family Code).
If contested, action for declaration of legitimacy within the child's lifetime.

For Illegitimate Children

Acknowledgment by the parent: Voluntary (e.g., in birth record, public document, or will) or compulsory (via court action) (Article 173).
Proof includes: Signed birth certificate, admission in public document or private handwritten instrument, open and continuous possession of status, or other means like DNA testing (Article 172, as amended by jurisprudence).
If unacknowledged, illegitimate children can file an action to establish filiation during the parent's lifetime or within specified periods after death (Article 175). Supreme Court rulings, such as in Heirs of Loreto C. Maramag v. Maramag (G.R. No. 181132, 2009), emphasize that unacknowledged illegitimate children have no compulsory inheritance rights but may receive voluntary bequests.

DNA evidence has become admissible under the Rule on DNA Evidence (A.M. No. 06-11-5-SC, 2007), strengthening claims.

Special Considerations

Legitimation

If parents of an illegitimate child marry, the child is legitimated retroactively, gaining equal rights as legitimate children (Article 178). This requires no impediments to the marriage and applies only to children conceived before the marriage.

Adoption and Inheritance

Adopted children inherit as legitimate children from adoptive parents but retain rights from biological parents unless severed (RA 8552). Illegitimate adopted children follow the same rules.

Concurring Heirs

When illegitimate children concur with a surviving spouse and legitimate ascendants, complex divisions apply. For example, illegitimate children take the children's share, spouse gets equal to a child, and ascendants are excluded.

Collation and Advances

Advances on inheritance (e.g., donations) are collated to the estate and deducted from the recipient's share (Article 1061). This applies equally but proportionally to legitimate and illegitimate children.

Reserves and Special Rules

In cases of reserva troncal (Article 891), property from ascendants revert if no legitimate descendants, potentially excluding illegitimate ones.

Jurisprudence and Reforms

Key cases:

Tijing v. Court of Appeals (G.R. No. 125901, 2001): Emphasized proof of filiation.
Republic v. Abalos (G.R. No. 189130, 2012): On legitimation requirements. There have been calls for reform to equalize shares, but current law maintains the distinction. The Philippine Constitution (Article II, Section 12) protects the family but does not mandate absolute equality in inheritance.

Taxation and Practical Aspects

Inheritance is subject to estate tax under the Tax Code (Republic Act No. 8424, as amended by TRAIN Law, RA 10963). The estate is taxed before distribution, with deductions for legitime shares. Heirs must file estate tax returns within one year of death.

In practice, partition agreements or extrajudicial settlements are common, but court intervention may be needed for disputes. The Regional Trial Court has jurisdiction over probate and settlement.

Conclusion

The Philippine legal framework balances protection for all children with distinctions favoring legitimate offspring, reflecting societal values on marriage. While legitimate children receive larger compulsory shares, illegitimate children are not disenfranchised and can secure rights through acknowledgment or legitimation. Heirs should consult legal professionals for specific cases, as nuances depend on family circumstances and evidence. Ongoing societal shifts may influence future reforms toward greater equality.