Legitime, Succession, and Partition (Philippine Legal Context)

1) Overview: What “children’s rights” mean in Philippine inheritance law

In the Philippines, children’s inheritance rights are primarily protected through legitime—a portion of the estate that the law reserves for certain compulsory heirs and which the decedent generally cannot impair by will, donations, or other dispositions. These rules belong to succession law (mainly under the Civil Code, as modified in part by later laws such as the Family Code and special statutes).

Two inheritance tracks exist:

Testate succession: there is a valid will.
Intestate succession: there is no will, or the will is void/ineffective in whole or in part, or the will does not dispose of all property.

Regardless of track, when there are compulsory heirs, the legitime must be respected.

2) Key definitions (working vocabulary)

Estate (hereditary estate): all property, rights, and obligations of the decedent not extinguished by death, net of debts and charges.
Succession: mode of acquisition by which the property, rights, and obligations of a person are transmitted through death to others.
Heirs: persons called to succeed by will or by operation of law.
Compulsory heirs: persons whom the law protects via legitime.
Legitime: the portion of the estate reserved by law for compulsory heirs.
Free portion: the part the decedent may dispose of freely by will.
Preterition: total omission of a compulsory heir in the direct line (usually children/descendants) in the institution of heirs in a will; it triggers serious effects.
Collation: the process of bringing into the estate certain lifetime donations/advancements to compute shares and equalize among heirs.
Partition: division of the estate among heirs (by agreement or by court), after settlement of debts and determination of shares.

3) Who are the compulsory heirs, and where children fit

In Philippine law, the core compulsory heirs include:

Legitimate children and descendants (in their own right; descendants may inherit by representation).
Legitimate parents and ascendants (if there are no legitimate children/descendants).
Surviving spouse (compulsory heir in most ordinary family situations).
Acknowledged natural children and other illegitimate children (as recognized by law; modern terminology is “illegitimate children,” generally those not conceived/borne within a valid marriage, subject to exceptions and legal recognition).
In certain configurations, other heirs may come in by representation.

Children’s rights differ depending on legitimacy status, but both legitimate and illegitimate children are protected as compulsory heirs, with different shares.

4) The structure of legitime (how much is reserved)

Legitime is determined by family composition at death.

A) When there are legitimate children (or descendants)

Legitimate children/descendants collectively reserve one-half (1/2) of the estate as legitime (as a general framework), with the surviving spouse also having a legitime that interacts with this structure.
The surviving spouse shares in legitime depending on who else survives.
The free portion is the remainder that the decedent can dispose of by will.

B) When there are illegitimate children

Illegitimate children are compulsory heirs, but their legitime is generally less than that of legitimate children.
A traditional baseline rule is that an illegitimate child receives one-half of the share of a legitimate child, subject to the presence of other heirs and the estate structure.

C) When there are no children (ascendants survive)

Legitimate parents/ascendants become compulsory heirs, with their own legitime rules, and the surviving spouse’s legitime must also be respected.

Practical takeaway: Children’s rights are strongest when they are in the direct descending line, because their legitime limits how much can be diverted away by will or donations.

5) Testate succession: wills and children’s protected shares

A) Limits on freedom of disposition

A will cannot validly dispose of the legitime away from compulsory heirs. A testator may:

Allocate the free portion to anyone (including strangers), and
Distribute among compulsory heirs, but must not impair their legitime.

If a will (or lifetime donations that take effect upon death) impairs legitime, remedies include:

Reduction of inofficious dispositions (reducing gifts/devices to restore legitime).
Completion of legitime through legal mechanisms in settlement.

B) Preterition (omission of a child)

A crucial doctrine protects children: total omission of a compulsory heir in the direct line—commonly a child—from the institution of heirs can produce drastic consequences:

It can annul the institution of heirs in the will (as to that institution), causing the estate (or affected portion) to pass by intestacy.
Legacies and devises not inofficious may remain effective, depending on how the will is structured and how the omission occurred.
If the child is not totally omitted (e.g., the child receives something, even minimal), preterition typically does not apply; instead, the issue is impairment of legitime, handled by reduction.

In practice, estate planners avoid accidental preterition by expressly naming children and specifying shares consistent with legitime.

C) Disinheritance of a child (and strict requirements)

A child may be disinherited only:

For legal causes specifically allowed by law (these are limited and interpreted strictly), and
Through a will that complies with formalities and states the cause, typically with specificity.

If disinheritance is invalid:

The child is treated as not disinherited, and legitime rights revive.

6) Intestate succession: when the law writes the “will”

If there is no valid will, the estate is distributed under intestacy rules:

Children (legitimate and illegitimate) and the surviving spouse usually take priority.
Legitimate children generally inherit in equal shares among themselves.
Illegitimate children inherit as provided by law, with their shares calibrated relative to legitimate children and spouse.
Representation applies: if a child predeceases the parent, the child’s descendants step into that child’s place (subject to rules).

Intestacy often creates co-ownership among heirs, making partition a central issue.

7) Determining what is actually inherited: estate composition and net hereditary estate

A) Identify property regimes and what belongs to the estate

A frequent Philippine issue is marital property. Before distribution to heirs:

Determine the property regime (e.g., absolute community of property, conjugal partnership of gains, or separation of property).
Identify which assets belong to the community/conjugal partnership and which are exclusive to the decedent.
Liquidate the regime: the surviving spouse first receives his/her share as spouse in the property regime, which is not inheritance; only the decedent’s share enters the estate for succession.

Failing to liquidate the marital regime first commonly leads to incorrect computations and disputes.

B) Pay debts, taxes, and charges

Heirs inherit net of obligations:

Estate settlement addresses debts and obligations.
Certain expenses (funeral, administration) are treated according to rules.
Only after computing the net estate can legitime and shares be precisely determined.

8) Lifetime transfers and protecting children’s legitime: donations, simulation, and reduction

A) Donations and “inofficiousness”

Parents sometimes transfer property during life to one child or to a new partner, then other children contest after death. The key ideas:

Lifetime donations may be brought into account in computing legitime.
If donations exceed what the donor could freely give (i.e., they impair legitime), they can be reduced as “inofficious.”

B) Collation (equalizing among heirs)

Collation aims to treat certain lifetime gifts as advancements on inheritance, to ensure equality among compulsory heirs (especially among children), unless the donation is expressly exempt or legally not subject to collation.

A child who received significant property in life may have that value “charged” to their share.
The estate is computed with these values for fairness.

C) Simulated sales and disguised donations

A frequent dispute involves a “sale” to one heir (or to a third party) that is alleged to be:

A donation in disguise, or
A simulation (no real consideration), or
A fraudulent transfer to defeat legitime.

If proven, remedies can include declaring the transfer a donation subject to reduction/collation, or voiding simulated contracts.

9) Special rules affecting children’s rights

A) Illegitimate children: establishing status

An illegitimate child’s inheritance rights depend on legal recognition/filial status. Disputes arise over:

Whether the child is legally recognized (e.g., through acknowledgment, public documents, or other legally acceptable proof).
Whether the claim is timely and properly asserted in settlement proceedings.

B) Adopted children

Legally adopted children generally enjoy inheritance rights comparable to legitimate children, as adoption creates a legal parent-child relationship for succession purposes, subject to the governing adoption law and applicable Civil Code/Family Code principles.

C) Children from multiple unions; second families

Common conflict patterns:

Children of the first marriage vs. second spouse and children of the second union.
Property acquired during the first marriage vs. property acquired later.
Challenges to transfers favoring the second family.

The analysis always returns to: (1) property regime liquidation; (2) net estate; (3) legitime protection; (4) validity of will/donations.

10) Partition: dividing inherited property among children and other heirs

A) Co-ownership arises immediately, but control is limited

At death, heirs often become co-owners of the hereditary estate (subject to settlement). However:

Specific titled assets may still be registered in the decedent’s name.
Heirs cannot validly sell or partition specific items freely without proper settlement processes and respect for other heirs’ shares.

B) Modes of partition

Extrajudicial settlement with partition Available when:
- The decedent left no will, and
- There are no outstanding debts (or they are settled), and
- All heirs are of age (or minors are properly represented), and
- The heirs agree.
Common instruments:
- Deed of Extrajudicial Settlement (with or without sale)
- Deed of Partition
Publication requirements and tax clearances are typically needed for registrability and title transfer.
Judicial settlement and partition Needed when:
- There is a will (probate issues),
- There are disputes,
- There are creditors,
- There are minors with conflicting interests,
- Heirs cannot agree.

The court supervises determination of heirs, inventory, payment of debts, and distribution.

C) Partition rules: equality and legitime compliance

Partition must reflect:

Correct heirship and representation
Correct legitime/free portion computations
Proper collation and reduction where applicable

If partition violates legitime, an aggrieved child can seek annulment/adjustment of partition and accounting.

D) Indivisible properties and practical solutions

When the estate includes a family home, a single parcel of land, or a small business:

Physical division may be impractical.
Legal solutions include:
- Adjudicating the property to one heir with equalization payments to others.
- Selling the property and dividing proceeds.
- Maintaining co-ownership under an agreement (often unstable long-term).

11) Remedies when children’s inheritance rights are violated

A) During settlement proceedings

Children may file:

Opposition to extrajudicial settlement that excluded them
Petition for judicial settlement / letters of administration
Action to compel inclusion as heirs
Action for accounting, collation, and reduction of donations

B) After partition or transfer

Possible remedies include:

Action to annul or rescind partition for fraud, mistake, or violation of legitime
Action to recover property or its value (depending on good faith/bad faith of transferees and registration issues)
Action to reduce inofficious donations and testamentary dispositions

Time bars (prescription), laches, and third-party rights can complicate recovery, so timely assertion is critical.

12) Common Philippine dispute scenarios (and how the law typically frames them)

One child was excluded from an extrajudicial settlement
- If a compulsory heir was omitted, the settlement may be challenged; titles transferred under it may be vulnerable, especially if bad faith or notice issues exist.
Parent transferred most properties to one child before death
- Other children may seek collation/reduction if legitime is impaired.
Second spouse controls properties and blocks children
- First step is liquidation of marital property regime; then succession shares are computed; settlement may be forced judicially.
Will gives everything to a new partner, leaving children “nothing”
- Children can enforce legitime; dispositions may be reduced; preterition rules may apply if a child is totally omitted in the institution of heirs.
Property is titled to the parent, but family claims it was bought by a child
- This shifts into property/obligations evidence issues (resulting trusts, reimbursement, implied trusts), separate from succession but often litigated together.

13) Compliance checklist for lawful estate distribution (child-centered)

Identify all heirs (legitimate, illegitimate, adopted, descendants by representation, surviving spouse).
Verify civil status and parentage (documents, recognition, adoption decrees).
Determine the marital property regime and liquidate it first.
Inventory assets and value them properly.
Settle debts and obligations; compute the net estate.
Account for lifetime donations/advancements (collation).
If there is a will: check formal validity, interpret provisions, and ensure legitime is intact.
Reduce inofficious dispositions if needed.
Partition by agreement (extrajudicial) if eligible; otherwise proceed judicially.
Transfer titles only after compliance with settlement requirements and tax clearances.

14) High-level principles to remember

Children (legitimate and illegitimate) are generally compulsory heirs and cannot be deprived of legitime except through valid disinheritance for legal cause and proper form.
The estate you divide is not the “whole family property” by default; you must first separate the surviving spouse’s share through property regime liquidation.
Many “inheritance fights” are really about proof of filiation, validity of lifetime transfers, and whether legitime was impaired.
Partition is valid only when based on correct shares, complete heirship, and proper accounting of donations and obligations.