Intestate Succession Shares for Legitimate and Illegitimate Children in the Philippines
This article is for general information only and is not a substitute for individualized legal advice. Statutory citations refer to the Civil Code of the Philippines (CC) and the Family Code of the Philippines (FC) unless otherwise indicated.
1. Governing Statutes & Key Doctrines
| Source | What it Covers |
|---|---|
| Civil Code (Arts. 960-1016) | Full framework on intestate succession, order of heirs, and computation rules. |
| Family Code (Arts. 163-182) | Filiation; Art. 176 sets the intestate share of an illegitimate child at ½ of a legitimate child’s share and abolishes the old distinctions among “natural,” “spurious,” etc. |
| Art. 992 CC (the “iron curtain” rule) | Absolutely bars succession between legitimate relatives and illegitimate relatives of the same common parent, except through the parent himself/herself. |
| RA 9858 (2009) | Legitimation of children born to parents who could not marry because they were below 18 at the time of the child’s birth. |
| RA 11222 (2019) | Administrative adoption for children with simulated birth records—creates legitimate status upon finalization. |
2. Who Is “Legitimate” or “Illegitimate”?
| Status | How established |
|---|---|
| Legitimate child | Born during a valid marriage, or within 300 days from its dissolution (§172 FC); or legitimated/adopted. |
| Illegitimate child | Anyone not meeting the above. Under Art. 175 FC, filiation may be proved by: record of birth, admission, open and continuous possession of status, or judicial action. All illegitimate children enjoy equal rights vis-à-vis each other (Art. 176 FC). |
3. Order of Intestate Succession (Simplified)
- Legitimate children and descendants
- Legitimate parents and ascendants
- Illegitimate children (when no legitimate descendants exist)
- Surviving spouse (rank varies with the persons above)
- Collateral relatives up to 5th degree
- The State (escheat)
When legitimate and illegitimate descendants concur, both qualify in the first rank, but the ratio of shares is affected by Art. 176 FC.
4. Core Rule on Shares
Each illegitimate child takes one-half (½) of the share of each legitimate child. — Art. 176 FC
The ratio applies per capita—i.e., after totaling all heirs in the same class:
Share of each ILLEGIT = 1/2 × Share of each LEGITIf there are no legitimate descendants, illegitimate children succeed as if legitimate and divide the entire estate equally among themselves (Arts. 980 & 983 CC).
5. Interaction with the Surviving Spouse
| Situation | Share of Spouse | Share of Each Legit Child | Share of Each Illegit Child |
|---|---|---|---|
| Spouse + legit & illegit children | Same as one legit child (Art. 996 CC) | 1 unit | ½ unit |
| Spouse + illegit children only | ½ of the estate (Art. 997 CC) | – | Remaining ½ divided equally among illegit children |
| Spouse + legit children only | Same as one legit child | 1 unit | – |
6. Illustrative Computations
Example A – Mixed descendants, with spouse Estate: ₱3 million Heirs: 2 legitimate kids (L1, L2), 1 illegitimate kid (I), and spouse (S).
- Treat S as an additional “legit child.”
- “Legit-equivalent” heads = L1 + L2 + S = 3 units.
- Each legit unit = ₱3 M ÷ 3 = ₱1 M.
- Illegit share (½ unit) = ₱500 k.
- Distribution: L1 = ₱1 M | L2 = ₱1 M | S = ₱1 M | I = ₱0.5 M.
Example B – Illegitimate children only Estate: ₱900 k; Heirs: I1, I2, I3.
- No legit kids → all illegits inherit equally.
- Each gets ₱300 k.
7. Limits: The Art. 992 “Iron Curtain”
- An illegitimate child cannot inherit by intestacy from the legitimate parents of his father/mother, nor can those legitimate relatives inherit from him.
- But the child may represent a deceased illegitimate parent in inheriting from an illegitimate grandparent (Art. 985 CC).
- The barrier remains controversial; several bills seek to abolish it, but as of June 2025 it is still law.
Key cases:
- Diaz v. IAC, G.R. L-66574 (1988): applied Art. 992 strictly.
- Heirs of Don Ramon Lopez v. Development Bank, G.R. 171579 (2016): reiterated the ratio 1:½ in mixed succession.
8. Right of Representation
| Scenario | Can an illegitimate grandchild step into the shoes of: |
|---|---|
| Deceased illegitimate child | Yes (Art. 985 CC) |
| Deceased legitimate child | No, because Art. 992 blocks the line. |
| Deceased illegitimate sibling | No; representation allowed only in the direct descending line (Art. 970 CC). |
9. Legitimation & Adoption
| Mode | Effect on Succession |
|---|---|
| Legitimation (Arts. 178-182 FC; RA 9858) | Child becomes legitimate ab initio; barriers & ½-share rule disappear. |
| Judicial / Administrative Adoption | Adoptee is treated as a legitimate child of the adopter for all purposes (Art. 189 FC; RA 11642). |
Legitimation is retroactive to birth; adoption is prospective from decree.
10. Estate Settlement Practicalities
- Extrajudicial Settlement (EJS) – Allowed if: (a) no debts, (b) all heirs are of age or duly represented, and (c) a public instrument is executed and published.
- Judicial Settlement – Required if any heir is a minor/incapacitated, or if heirs cannot agree.
- Pre-Inheritance Advances – Subject to collation to maintain the 1:½ ratio.
- Estate Tax – Due within one year from death (NIRC §90), with shares computed before tax. Illegitimate children face no differential tax rate.
11. Common Pitfalls & Practical Tips
- Do not confuse “legitime” (compulsory share in a testate estate) with intestate shares; the ratio is identical but the procedural context differs.
- The ½-share rule applies only when legitimate descendants exist. Remove them, and illegitimate children take the whole estate.
- Remember the spouse’s shifting rank: equal to a legit child (Art. 996), ½ estate with illegit children only (Art. 997), entire estate if no descendants or ascendants (Art. 998-1001).
- If the deceased left a will that omits an illegitimate child, that child may file for preterition and force intestate rules on the legitime portion.
- To avoid the iron curtain, parents often resort to inter vivos transfers or adoption.
12. Looking Ahead
Congressional committees have repeatedly proposed equalizing the shares of all children (most recently House Bill 1593, 19th Congress), arguing Art. 176 is discriminatory. Until enacted, however, the 1:½ formula and Art. 992 barrier remain intact.
Conclusion
Under Philippine law, intestate succession strives for balance: it protects legitimate children’s full hereditary expectation yet gives illegitimate children a direct and automatic—albeit reduced—share. Mastery of the 1:½ ratio, the spouse’s variable position, and the iron-curtain limitations is indispensable for estate planning and settlement practitioners. When in doubt, consult a lawyer early; errors in partition are costly and time-consuming to correct.