Inheritance Rights of a Second Spouse vs. Children from a First Marriage (Philippines)

Philippine law draws clear lines between (a) who are the heirs and (b) how much each one gets, and those lines shift depending on whether the second marriage is valid or void, whether there is a will or none, and what property regime governed the marriage(s). This article sets out the rules, with practical illustrations.

1) Key building blocks

A. Compulsory heirs (cannot be deprived of their legitimes except by lawful disinheritance)

Legitimate children and descendants
Surviving spouse (of a valid marriage)
Illegitimate children
Legitimate parents/ascendants (only if there are no legitimate descendants)

B. Valid vs. void second marriage

Valid second marriage: there was no prior subsisting marriage (e.g., first spouse died, or first marriage was validly annulled/declared void before the second wedding). The second spouse is a legal spouse and a compulsory heir.
Void second marriage (bigamous): the first marriage still existed when the second was celebrated. The “second spouse” is not a legal heir.
- If in good faith (a putative spouse), they may have property rights over acquisitions during the union (see Art. 147/148, Family Code), but no right to inherit by succession.

C. Property regime during the (valid) marriage

Default for marriages under the Family Code (Aug 3, 1988 onward): Absolute Community of Property (ACP), unless spouses agreed otherwise (e.g., Conjugal Partnership of Gains (CPG) or Separation of Property) by valid marriage settlement.
On death, you first settle the property regime (compute the surviving spouse’s 50% share in ACP/CPG, or identify exclusive properties under Separation of Property). Only the deceased’s net estate (their exclusive property + their share of community/conjugal property − debts/charges) is divisible by succession.

D. With or without a will

Testate (with a will): the testator may freely dispose only of the free portion after reserving the legitimes of compulsory heirs.
Intestate (no will): the Civil Code’s statutory shares apply.

2) Baseline shares when the second marriage is valid

A. If there is no will (intestate succession)

Rule: The surviving spouse takes a share equal to that of each legitimate child (Art. 996, Civil Code).
Children from the first marriage (being legitimate) share together with the legitimate children from the second marriage (if any). Each legitimate child gets one share, and the surviving (second) spouse gets one share.

Example 1 (intestate): Decedent leaves second spouse S and two legitimate children C1 and C2 from the first marriage; no other heirs. Shares: S = 1/3, C1 = 1/3, C2 = 1/3 (after settling the marital property regime and debts).

Example 2 (intestate with mixed filiation): Decedent leaves second spouse S, one legitimate child L (from first marriage), and one illegitimate child I (from any relationship).

Compute intestate shares by converting to a common denominator using the rule that an illegitimate child gets 1/2 of a legitimate child’s share. Let L = 2 units, I = 1 unit, S = 2 units (equal to a legitimate child). Total units = 2 (L) + 1 (I) + 2 (S) = 5 → S = 2/5, L = 2/5, I = 1/5.

Notes:

All legitimate children (from the first or second marriage) are treated equally.

Illegitimate children inherit but at one-half the share of a legitimate child in intestacy.

B. If there is a will (testate succession)

Minimum legitimes to respect:

Legitimate children/descendants: 1/2 of the estate (split equally among them).
Surviving spouse: 1/4 of the estate (when there are legitimate descendants).
Illegitimate children: each has a legitime equal to 1/2 of a legitimate child’s share (taken from the free portion in interplay with other legitimes).

This typically leaves a free portion of 1/4 (when there are legitimate descendants and a spouse). The will can allocate that free portion to anyone (including the spouse or any child), subject to capacity and prohibitions.

Example 3 (testate with legitimate children): Decedent leaves S (second spouse) and two legitimate children C1, C2 (from first marriage).

Legitime of children = 1/2 E → each child 1/4 E.
Legitime of spouse = 1/4 E.
Free portion = 1/4 E (disposable by will).

Example 4 (testate with one legitimate child and one illegitimate child): Let E be the net estate.

Legitimate child L legitime = 1/2 E.
Spouse S legitime = 1/4 E.
Free portion = 1/4 E, from which I (illegitimate) must receive at least 1/2 of L’s per-child legitime (i.e., 1/4 E if mirrored one-to-one). The testator must craft dispositions that fit all legitimes; otherwise the will is reduced to satisfy them.

3) When the second marriage is void (bigamous)

The “second spouse” is not a legal spouse and does not inherit by succession.
If the second “spouse” acted in good faith (putative spouse), no successional right still—but they may claim property rights under Art. 147 (cohabitation in good faith):
- Properties acquired through the parties’ joint efforts during the union are co-owned, in proportion to their contributions (in default of proof, equal shares). Wages/salaries are generally deemed joint contributions.
- If one or both acted in bad faith, Art. 148 applies (stricter: only proven contributions earn a proportionate share; no equal presumption).
Children of the void marriage are illegitimate (unless legitimated/acknowledged under specific rules) and may inherit from the deceased parent as illegitimate children (share = 1/2 of a legitimate child’s share in intestacy; legitime rules apply in testacy).

Practical result: On death of the person still validly married to the first spouse, the heirs are the first legal spouse (if still living and still married at death) and the children (legitimate from the first marriage; plus any illegitimate children). The bigamous “second spouse” gets no inheritance, though they may recover their co-owned share (from jointly acquired properties of the void union) before computing the net estate.

4) Effect of prior property regimes and the family home

ACP/CPG liquidation first
- Identify exclusive vs community/conjugal assets.
- Deduct obligations.
- The surviving (legal) spouse first takes their share of the marital property (50% in ACP/CPG).
- Only the deceased’s share goes to succession.
Family home
- Constituted by law from the time it serves as such.
- Generally exempt from execution up to certain limits and reserved for the spouse and minor children.
- In partition, it may be allotted to the surviving spouse and minor children subject to rules on liquidation/valuation; co-heirs are typically paid their shares if the family home is awarded to the spouse/minors.

5) Common scenarios and quick computations

Scenario A: Valid second marriage; intestate; only children from the first marriage

Heirs: second spouse + legitimate children from first marriage.
Shares: equal among each legitimate child and the spouse.
- If 3 children from first marriage → S = 1/4, each child 1/4.

Scenario B: Valid second marriage; testate; children only from the first marriage

Must reserve: 1/2 (children), 1/4 (spouse), 1/4 free portion.
Will may strengthen the spouse or any child via the free portion.

Scenario C: Void second marriage (bigamy); good-faith putative spouse

Putative spouse: no inheritance but may recover their co-ownership share under Art. 147/148 (off the top).
Succession beneficiaries: first legal spouse (if still married at death) and the children (legitimate + any illegitimate).

Scenario D: Mixed children (legitimate and illegitimate) with a valid second spouse; intestate

Convert to units:
- Each legitimate child = 2 units
- Spouse = 2 units (equal to a legitimate child)
- Each illegitimate child = 1 unit
- Divide the estate proportionally to the total units.

6) Other important nuances

Representation: If a legitimate child predeceased the decedent, that child’s legitimate descendants represent and take per stirpes. Illegitimate descendants represent only in the illegitimate line.
Disinheritance: Only on legal grounds and by will with required formalities; otherwise ineffective and will be reduced to satisfy legitimes.
Donations inter vivos: Subject to collation and reduction if they impair legitimes.
Adopted children: Generally treated like legitimate children of the adopter for succession from the adopter.
Separation/de facto separation does not by itself strip the legal spouse of inheritance; legal separation (decree) affects some rights but the spouse remains a legal spouse unless there is nullity or annulment prior to death.
Survivorship rights vs. succession: Benefits like life insurance proceed per policy beneficiary designation, outside succession (but still subject to some rules on compulsory shares if abused as a device to defeat legitimes).

7) Practical roadmap in real cases

Confirm validity of the second marriage (check civil registry/PSA and any final nullity/annulment decrees).
Identify the marital property regime(s) and liquidate first.
List all heirs (spouse status; all children—legitimate and illegitimate; ascendants if no descendants).
Determine whether with will or without; apply legitime or intestate rules accordingly.
Account for donations made during life (possible collation/reduction).
Value and allocate the family home consistent with liquidation and heirs’ rights.
Compute shares with clear worksheets (units method helps when there are illegitimate children).
Document everything (extrajudicial settlement if allowed; or judicial proceedings when needed).

8) Quick reference (rules of thumb)

Intestate, valid second marriage: spouse’s share = one child’s share.
Testate with legitimate descendants: reserve 1/2 (legit. descendants) + 1/4 (spouse) → 1/4 free.
Illegitimate child: half a legitimate child’s share (in intestacy) and corresponding legitime in testacy.
Second marriage void: “second spouse” does not inherit; may have co-ownership claims on properties acquired during the void union (good faith rules).
Always liquidate the marital/community property before dividing the estate.

Final note

This article summarizes the governing framework under the Civil Code and Family Code of the Philippines. Real-world cases turn on documents (marriage certificates, decrees of nullity/annulment, titles, policy designations) and facts (good faith, contributions). For exact computations and strategy (e.g., whether to pursue judicial or extrajudicial settlement, how to handle contested status or prior donations), personalized legal advice is vital.