If your parent entered into a bigamous marriage while still legally married to your other parent and acquired properties during that relationship, you have clear inheritance rights as a legitimate child under Philippine law. These properties, or at least the deceased parent’s share in them, generally form part of the estate that must be distributed to all compulsory heirs, including you. This article explains exactly how the law treats bigamous unions, the status of properties acquired during them, the rights of legitimate children, and the practical steps to protect your share.

Bigamous marriages are void from the beginning. Article 35(4) of the Family Code declares that marriages contracted by any party who has a previous subsisting marriage are void ab initio. No court declaration is even required to establish the nullity for many purposes, although a judicial declaration of nullity is often obtained to settle property issues and civil status cleanly.

Because the second union is void and at least one party lacked legal capacity to marry, the property relations between the parties to the bigamous union are governed by Article 148 of the Family Code, not Article 147. Under Article 148, only properties acquired through the actual joint contribution of money, property, or industry by both parties become co-owned in proportion to their respective contributions. Wages and salaries remain separate. In the absence of proof to the contrary, contributions are presumed equal for properties that qualify as jointly acquired. However, if one party (typically the already-married spouse) contributed nothing traceable to the acquisition, that property remains exclusive to the contributor.

A critical rule in Article 148 states: “If one of the parties is validly married to another, his or her share in the co-ownership shall accrue to the absolute community or conjugal partnership existing in such valid marriage.” This means the bigamous spouse’s portion of any co-owned property from the second relationship is added to the property regime of the first valid marriage. It does not freely pass only to the second family.

Status of Children Born from a Bigamous Marriage

Children conceived and born outside a valid marriage are illegitimate under Article 165 of the Family Code. The Supreme Court confirmed this rule in G.R. No. 250613 (April 3, 2024), holding that children from a bigamous marriage are illegitimate. They are compulsory heirs entitled to support and a legitime equal to one-half the share of each legitimate child (Family Code Article 176 in relation to Civil Code Article 895). They do not enjoy the full legitime of legitimate children.

In contrast, children conceived or born during the valid first marriage remain legitimate under Article 164 and enjoy full compulsory heir rights.

Inheritance Rights of Legitimate Children Over Properties Acquired During the Bigamous Union

As a legitimate child, you are a compulsory heir under Article 887 of the Civil Code. You are entitled to your legitime — the portion of the estate the law reserves for you that cannot be taken away by will or other disposition. When your parent dies, the net estate includes:

The deceased’s share in the absolute community or conjugal partnership of the first valid marriage (after liquidation).
The deceased’s exclusive properties.
The deceased’s share in any properties co-owned under Article 148 with the second partner (subject to the accrual rule above).

Properties acquired solely with the deceased’s funds or efforts during the bigamous period, even if the second partner lived in the house or helped with household tasks, are often treated as exclusive property of the deceased if no actual joint contribution is proven. These fully enter the estate. Properties titled in the second partner’s name but proven purchased with the deceased’s money may still be claimed as part of the estate through resulting trust principles or collation rules.

The second partner has no rights as a surviving spouse because the marriage is void. She receives only her proven proportional share under Article 148 co-ownership, if any. She does not receive a spousal legitime and cannot inherit from the deceased as a compulsory heir.

Legitimate children’s shares are protected even when illegitimate siblings from the bigamous union also claim as compulsory heirs. The presence of illegitimate children affects only the free portion of the estate after the legitimes of the surviving legal spouse and legitimate children are satisfied.

Step-by-Step Practical Guide to Protecting Your Rights

Secure basic documents immediately. Obtain the deceased’s death certificate from the Philippine Statistics Authority (PSA) or the local civil registrar. Gather your birth certificate, your other legitimate siblings’ birth certificates, and the first marriage certificate. Request certified true copies of property titles, tax declarations, and deeds from the Registry of Deeds and Assessor’s Office.
Identify and inventory all assets. List properties acquired before, during, and after the bigamous relationship. Note whose name appears on titles and gather evidence of source of funds (bank statements, loan documents, pay slips, remittances). Properties acquired during the bigamous period require special attention to contribution evidence.
Determine all compulsory heirs. These include the surviving legal spouse from the first marriage, all legitimate children, and any illegitimate children from the bigamous union who can prove filiation. Illegitimate children may need court action or DNA evidence if not voluntarily acknowledged.
Liquidate the first marriage’s property regime. The absolute community or conjugal partnership of the valid first marriage must be settled first. The surviving legal spouse receives her share; the deceased’s share becomes part of the estate for distribution to all compulsory heirs.
Compute the net estate and legitimes. After deducting debts, funeral expenses, and administrative costs, apply the rules on compulsory succession (Civil Code Articles 888–903 as amended). Legitimate children receive full legitime shares. Illegitimate children receive half that amount each. The legal spouse receives a share equal to one legitimate child’s legitime when concurring with legitimate children (subject to specific rules in Articles 892 and 999).
Settle the estate. If all heirs agree, no debts remain unpaid, and no minors or incapacitated heirs are prejudiced, an extrajudicial settlement (with publication) can be executed and registered. Otherwise, file a petition for judicial settlement of estate in the Regional Trial Court or Municipal Trial Court where the deceased resided or where properties are located. All compulsory heirs, including illegitimate children, must be notified or impleaded.
Assert claims over specific properties. If the second partner refuses to recognize the estate’s interest in properties she possesses or titles in her name, the estate (through the administrator or heirs) may file an action for partition, recovery of possession, or quieting of title. Evidence of the source of funds is critical.

Common Pitfalls and Real-Life Scenarios

Many families discover that the second partner has already sold or mortgaged properties, or claims sole ownership because the title is in her name. Philippine courts look beyond the title and examine the true source of funds and contributions. Remittances from an OFW parent during the bigamous period are often proven through bank records to establish the deceased’s exclusive or primary contribution.

Another frequent issue is commingling of assets. Properties bought with funds from the first marriage’s community property that were later used in the bigamous household may still carry claims from the first family. Delays in filing can lead to prescription of certain actions (generally 30 years for real property recovery, but shorter periods apply to some claims). Illegitimate children who were never acknowledged may surface later and require proof of filiation, which can complicate or delay distribution.

Good faith or bad faith of the second partner affects forfeiture rules under Article 148, but the accrual of the bigamous spouse’s share to the first marriage’s regime provides significant protection to legitimate children regardless.

Required Documents, Government Offices, and Typical Timelines

Key documents:

PSA death certificate and birth certificates of all children
Marriage certificate of the first valid marriage
Property titles, tax declarations, and deeds of sale
Evidence of contributions or source of funds (bank records, receipts, affidavits)
For extrajudicial settlement: Affidavit of self-adjudication or deed of extrajudicial settlement, publication in a newspaper of general circulation

Government offices involved:

Philippine Statistics Authority (civil registry documents)
Registry of Deeds and Assessor’s Office (property records)
Bureau of Internal Revenue (estate tax clearance — required before transfer of titles)
Local civil registrar or court (for any filiation or nullity proceedings)

Timelines: Extrajudicial settlement can be completed in a few months if all heirs cooperate and publication requirements are met. Judicial settlement often takes 1–3 years or longer depending on court backlog, number of heirs, and contested issues. Estate tax must be paid within one year from death (extendable). There is no strict deadline to file for settlement of estate, but acting promptly prevents loss of evidence and complications with third parties.

Frequently Asked Questions

Are children born from a bigamous marriage legitimate in the Philippines?
No. They are illegitimate under Article 165 of the Family Code because they were conceived and born outside a valid marriage. The Supreme Court affirmed this in its 2024 ruling in G.R. No. 250613.

Does the second partner in a bigamous marriage have any inheritance rights as a spouse?
No. Because the marriage is void, she has no spousal legitime and is not a compulsory heir. She only retains her proven share in Article 148 co-owned properties, if any.

Can legitimate children claim properties bought during the bigamous relationship?
Yes. The deceased parent’s share in such properties (or the entire property if exclusively acquired by the deceased) forms part of the estate. Legitimate children are entitled to their legitime from the entire net estate.

What if the property is titled solely in the second partner’s name?
The title is not conclusive. Heirs can present evidence that the funds came from the deceased to claim it as part of the estate or to establish co-ownership. Resulting trust or collation rules may apply.

How does Article 148 affect the share that goes to legitimate children?
Only properties acquired through actual joint contribution become co-owned. The bigamous spouse’s share in those properties accrues to the first valid marriage’s property regime, ultimately benefiting the compulsory heirs of the first family, including legitimate children.

Do illegitimate children from the bigamous union reduce the share of legitimate children?
They receive only half the legitime of legitimate children and their shares come from the free portion after the legitimes of the legal spouse and legitimate children are satisfied. Legitimate children’s reserved legitime is protected.

What documents prove filiation for illegitimate children who want to claim?
They may use the same evidence as legitimate children under Article 172 of the Family Code (record of birth, admission in public or private documents, or open continuous possession of status) or DNA testing. Court action may be needed if not acknowledged.

How long does it usually take to settle an estate involving properties from a bigamous relationship?
Extrajudicial settlement with full cooperation can finish in 3–6 months. Judicial proceedings commonly take 1–3 years or more when issues are contested or there are many heirs and properties.

Key Takeaways

Bigamous marriages are void, and property relations during such unions follow the stricter rules of Article 148 of the Family Code based on actual joint contributions.
Legitimate children from the first valid marriage are compulsory heirs with full legitime rights over the deceased parent’s entire net estate, including interests in properties acquired during the bigamous period.
The second partner has no spousal inheritance rights and keeps only her proven proportional share under co-ownership rules.
Children from the bigamous union are illegitimate compulsory heirs entitled to half the share of legitimate children.
The bigamous spouse’s share in any co-owned property accrues to the first marriage’s property regime, providing added protection to the legitimate family.
Proper inventory, proof of contributions or source of funds, and timely estate settlement proceedings are essential to protect legitimate children’s shares.
All compulsory heirs — including illegitimate children — must be considered in any distribution to avoid future challenges to the settlement.

Philippine succession law prioritizes the protection of compulsory heirs’ legitimes. Understanding these rules empowers legitimate children to take the necessary steps to secure what the law reserves for them.