Inheritance Rights in the Philippines When a Second Marriage and an (Informally) Adopted Child Are Involved
Everything you need to know—from statutes to strategy (updated July 2025).
1. Why this topic matters
Second families and informal adoptions are common in the Philippines, but they sit at a delicate crossroads of family law, succession law, and tax law. Mis-steps can forfeit shares of an estate, trigger criminal liability (bigamy, simulation of birth), or embroil heirs in decade-long probate suits. This article gives a practitioner-level overview so you can anticipate—and preferably avoid—those pitfalls.
2. Key statutes & rules
| Area | Main source | Core take-away |
|---|---|---|
| Marriage & property | Family Code of 1987 (Arts. 52-147) | Declares what makes a marriage valid, void, or voidable; fixes the property regime (default = absolute community unless a pre-nup creates conjugal partnership or complete separation). |
| Succession | Civil Code, Book III (Arts. 960-1101) | Lists the compulsory heirs and their legitimes; governs both testate and intestate succession. |
| Domestic adoption | R.A. 8552 (1998) & R.A. 11642 (2022) | A child is deemed the legitimate child of the adopters for all purposes—including succession. The tie to the biological family is fully severed once the decree of adoption is final. |
| Inter-country adoption | R.A. 8043 (1995) | Same legitimation effect as domestic adoption once the Philippine court issues the decree recognizing the foreign adoption. |
| Simulated birth rectification | R.A. 11222 (2019) | Allows parents who simulated a birth record to make the child’s status lawful without criminal liability, provided strict timelines and procedures are met. |
| Illegitimate children | Art. 992, Civil Code (barrier rule) & Art. 172 Family Code | Illegitimate children inherit ½ of the share of a legitimate child but cannot inherit ab intestato from legitimate collateral relatives of their parents (the “iron curtain” rule). |
| Bigamy & void marriages | Art. 349 Revised Penal Code; Art. 35/52 Family Code | A second marriage contracted during a subsisting first one is void and exposes the surviving “spouse” to bigamy charges; property co-acquired may form a co-ownership but the “spouse” is not a compulsory heir. |
3. Mapping the relationships
Second marriage scenarios
- Valid second marriage: the first marriage ended by death, annulment, or judicial declaration of nullity before the second ceremony.
- Void second marriage: contracted while the first is still subsisting—no inheritance rights as a spouse.
- Putative spouse: one who acted in good faith believing the marriage was valid; may keep her/his ½ share in co-owned property under Art. 147 or 148, but is still not a compulsory heir.
Adopted child categories
- Regularly adopted (court decree or NACC administrative order): inherits exactly like a legitimate child from the adopters; severs succession to biological parents.
- Informally adopted / “no papers”: no automatic right to inherit intestate. Must rely on a valid will, donations, or subsequent legalization (RA 11222 or late adoption).
- Simulation-rectified child: once the NACC order of rectification becomes final, status equals that of a legitimate child, retroacting to the date of birth simulation.
4. Order of intestate succession (simplified)
| Rank | Who inherits? | If a second marriage is … |
|---|---|---|
| 1️⃣ | Legitimate children ± legitimate spouse | Spouse’s share = same as each legit child (Art. 996) only if the marriage is valid. |
| 2️⃣ | Legitimate parents/ascendants | Only when no legit descendants survive. |
| 3️⃣ | Illegitimate children | Each gets ½ of a legit child’s share (Art. 895). |
| 4️⃣ | Collateral relatives up to 5th degree | Rare once any descendants exist. |
Adopted children occupy Rank 1 as legitimate descendants of the adopters when the adoption is valid.
5. Distribution examples
Example A: Valid second marriage, formal adoption
Estate: ₱9 M
Heirs: legitimate spouse (2nd wife), one legitimate child from 1st marriage, one adopted child (court-decreed).
Legitime pool (Art. 888): legit children + spouse = compulsory heirs.
- Each legit child = 2 M
- Spouse = 2 M
- Free portion = 3 M (testator may dispose by will).
Example B: Void second union, informal adoption
Estate: ₱9 M
Heirs: first (only valid) wife, their common legit child, cohabiting partner (void union), de-facto adopted nephew (no papers).
Result:
- Wife & legit child split legitime (each ₱3 M).
- Cohabiting partner not an heir; may only recover her contributions to property by accounting.
- De-facto adopted nephew inherits nothing intestate; only hope is a valid will/donation or later adoption/rectification.
6. What “no papers” really means
| Situation | Immediate inheritance consequence | Possible cure |
|---|---|---|
| No marriage certificate and no judicial declaration of a prior marriage’s nullity | Surviving “spouse” not a compulsory heir. | (1) Prove a valid marriage (local-civil-registrar copy, PSA security paper, parish registry). (2) If none, claim only co-ownership share per Art. 147/148. |
| Informal adoption (raised the child but never went to court/NACC) | Child is a stranger in intestacy. | (1) Late adoption petition; status becomes legitimate upon final decree. (2) R.A. 11222 if the child was registered as the spouses’ own through simulated birth (deadline: child must have been living with the “parents” for at least three years before 2019). (3) Will or donation (subject to legitime of other heirs). |
Tip: Even a one-page holographic will (Art. 810 Civ. Code) can secure the informal adoptee’s share so long as legitimes of compulsory heirs are not impaired.
7. Property regimes and the second spouse
Absolute community (default)
- Property acquired before the valid marriage remains exclusive.
- Upon death, ½ of community property automatically goes to the surviving spouse before computing legitimes; the other ½ forms the decedent’s estate.
Co-ownership in a void union
- Only property acquired through joint efforts is co-owned.
- Shares are usually presumed 50-50, but actual contributions may be proved.
- Each co-owner’s share passes to that person’s legitimate heirs, not to the partner as a spouse.
8. Doctrine & case-law quick hits
| Case (GR No.) | Holding (simplified) |
|---|---|
| Heirs of Malate v. Gamboa (2023) | An informally adopted child cannot rely on “equitable adoption” to inherit intestate; a statutory adoption decree is indispensable. |
| Odaya v. People (2019) | Good-faith second spouse acquitted of bigamy but still no successional rights without a valid marriage. |
| Intestate Estate of Lim (2020) | Adopted child’s share equals that of legitimate children even where the deceased left illegitimate children—the latter get ½ shares per Art. 895. |
| Domingo v. Court of Appeals (2015) | Simulation of birth creates no parental authority or succession right until rectified under R.A. 11222. |
9. Tax, procedural, and planning pointers
- Estate tax (NIRC as amended by TRAIN & CREATE): due 1 year from death; rate = 6 % on net estate above ₱5 M; legitimes & legit related deductions apply even if heirs are still litigating.
- Letters of Administration vs. Probate: an intestate estate with contested heirs will likely end up in administration (Rule 73–90, ROC). Probate of a will is preferred—faster, cheaper, clearer.
- Life insurance: proceeds bypass the estate and can name an informal adoptee or second spouse directly, insulating their benefit from legitime disputes.
- Advance RA 11222 compliance: the NACC process can be finished in 6–12 months and cures both civil and criminal exposure.
- Antenuptial Agreement: especially useful for late-life second marriages; can segregate premarital property and protect children of the first marriage.
10. Practical checklist
| Step | For the second spouse | For the informal adoptee |
|---|---|---|
| 1 | Secure PSA marriage certificate; if none, gather alternative proofs (church records, affidavits). | Ask the would-be parents to file an adoption petition or RA 11222 rectification before they pass away. |
| 2 | Verify that the prior marriage was ended by death/nullity with court order. | Keep continuous proof of filiation (school & medical records, family photos, affidavits). |
| 3 | Encourage spouse to execute a notarized will or at least a holographic will. | Same: push for a will naming you a devisee/legatee. |
| 4 | Keep evidence of contributions to co-owned property (receipts, bank transfers) to support claims under Art. 147/148 if marriage is void. | If adoption is impossible, receive donations inter vivos within legitime limits. |
| 5 | Upon death, file within 20 days for notice of death and within 30 days for estate tax extension if disputes loom. | Same; and lodge opposition to any petition that denies the fact of adoption or testamentary intent. |
11. Take-away
The legitimacy of the marriage and the legality of the adoption are decisive. A valid second spouse and a formally adopted child stand on equal footing with first-family heirs. Without papers, however, both are strangers in intestate succession and must rely on equitable property claims, gifts, or timely legalization.
Bottom line:
- Paperwork is protection: Final court/NACC decrees and correct civil-registry entries are the heirs’ strongest shields.
- No papers, no shares—unless a will or donation saves the day.
- Consult counsel early; probate litigation after death is the most expensive moment to “fix” family status.
Disclaimer: This article is for informational purposes only and is not legal advice. Laws and jurisprudence evolve; consult a Philippine attorney for case-specific counsel.