Below is a broad, in-depth discussion of the property rights of an illegitimate child in the context of conjugal properties under Philippine law. While the Family Code of the Philippines changed certain default property regimes (from Conjugal Partnership of Gains to Absolute Community of Property for most marriages celebrated on or after August 3, 1988), the general principles surrounding inheritance and the rights of illegitimate children remain applicable regardless of which specific regime applies. For clarity, however, most Filipino lawyers and courts still colloquially refer to “conjugal properties” even if legally (post–Family Code), the default regime is “absolute community of property.” The information below applies broadly to these scenarios.

1. The Concepts of “Conjugal Property” and “Absolute Community of Property”

A. Pre–Family Code (Before August 3, 1988)

Conjugal Partnership of Gains (CPG). Under the Civil Code of the Philippines (in effect prior to the Family Code), the default property regime was the Conjugal Partnership of Gains. In CPG, each spouse retains ownership of the properties they had before marriage, as well as those acquired by gratuitous title (e.g., inheritance, donation) during the marriage. The “conjugal” or “common” fund includes only the fruits and income from the spouses’ separate properties and whatever is acquired by the spouses’ efforts during the marriage.

B. Under the Family Code (On or After August 3, 1988)

Absolute Community of Property (ACP). The Family Code introduced the Absolute Community of Property as the default regime, unless spouses opt for another regime under a valid marriage settlement. Under ACP, almost all property owned by either spouse before and during the marriage becomes part of the absolute community—except for specific exclusions (e.g., those acquired by gratuitous title by a spouse during the marriage, personal effects, and property for personal use).

In both regimes:

The property regime creates a single “pool” (conjugal or community property) belonging to both spouses.
Upon the dissolution of the marriage (typically by death of one spouse, legal separation, annulment, etc.), the pool is liquidated, and each spouse (or the estate of the deceased spouse) receives a share.

Regardless of whether the regime is Conjugal Partnership of Gains or Absolute Community of Property, the question from the perspective of an illegitimate child is essentially the same: How does the illegitimate child inherit from the share of his or her parent in these marital assets?

2. Status and Filiation: “Legitimate” vs. “Illegitimate” Children

A. Recognition Under the Law

Legitimate Child – A child born or conceived during a valid marriage or within the prescriptive periods set by law is presumed legitimate.
Illegitimate Child – A child conceived and born outside a valid marriage, or when certain legal presumptions of legitimacy do not apply.

The status of the child (legitimate vs. illegitimate) affects the amount of inheritance they receive under Philippine law.

B. Right to Inherit (Successional Rights)

Illegitimate children are compulsory heirs (under the Civil Code, as amended), meaning they are entitled to a portion of the deceased parent’s estate—referred to as their “legitime”—regardless of whether they were included in a will or not.
Illegitimate child’s legitime is customarily one-half of the share of a legitimate child (Article 895 in relation to other succession provisions).

3. How an Illegitimate Child Acquires Rights Over “Conjugal Property”

A. No Direct Co-Ownership During the Parent’s Lifetime

An illegitimate child does not automatically hold any portion of the conjugal or community property while both spouses (in the valid marriage) are still alive and the marriage remains in place. The marital property—whether under CPG or ACP—is shared exclusively by the husband and wife themselves.

The child (legitimate or illegitimate) only comes into play when considering inheritance or transfers by gratuitous title (e.g., donations inter vivos).

B. Dissolution of the Marriage or Death of the Spouse

When a spouse passes away, the conjugal or community property is liquidated. In practical terms:

Identify and Set Aside the Surviving Spouse’s Share
- Under the regime of CPG or ACP, the first step is to determine which properties are part of the communal or conjugal fund.
- Then, that fund is divided between the surviving spouse and the estate of the deceased spouse. The surviving spouse will receive his or her share (often half, unless otherwise varied by law or by marital agreements).
Distribute the Deceased Spouse’s Net Estate
- After removing the surviving spouse’s share, what remains is the net estate of the deceased spouse. It is only this portion to which all the heirs (including illegitimate children, legitimate children, and/or other compulsory heirs) lay claim.
Claim by the Illegitimate Child
- The illegitimate child becomes entitled to inherit from the deceased parent’s share in the property.
- The size of the illegitimate child’s inheritance depends on the number of legitimate children, other heirs, and the forced heirship rules (legitime) in the Civil Code/Family Code.

Hence, an illegitimate child’s rights in “conjugal properties” effectively mean rights in the deceased parent’s share of the conjugal or community property, upon that parent’s death.

4. The “Legitime” of an Illegitimate Child

A. General Principle: One-Half of a Legitimate Child’s Share

Article 895 of the Civil Code (and related articles) provides that if a legitimate child’s legitime is, for example, X, then an illegitimate child’s legitime is one-half of X.

A simplified illustration:

Suppose a deceased father is survived by:
- 1 legitimate child (LC)
- 1 illegitimate child (IC)
- A surviving spouse (SS)
Assume the father’s net estate (after liquidation of conjugal property) is 6 million pesos.
- Under the rules on legitimes (for demonstration only, actual calculations can vary depending on circumstances), each legitimate child might be entitled to a certain fraction of the estate, and the illegitimate child is entitled to half of that fraction.
- If LC’s legitime is 2 million pesos, then IC’s legitime would be 1 million pesos.
- The surviving spouse also has his or her own legitime.

The specifics of the arithmetic can be more complex when multiple heirs are involved, but the general principle stands: the illegitimate child’s share is half that of a legitimate child.

B. Requirement of Proof of Filiation

To claim inheritance rights, an illegitimate child must be able to prove filiation to the deceased. Proof usually comes through:
1. A record of acknowledgment in the birth certificate (signed by the parent).
2. A judicial order of paternity or recognition.
3. Other means allowed by law, such as open and continuous possession of the status of a child.

Without this recognition, it becomes legally difficult for the child to enforce inheritance claims.

5. Rights to Support vs. Rights to Inheritance

A. Right to Support

During the parent’s lifetime, an illegitimate child is likewise entitled to support under Articles 194–196 of the Family Code. This support is distinct from the concept of inheritance and does not grant ownership or co-ownership in the conjugal property. It is merely the right to financial maintenance, education, and related expenses from the parent.

B. Right to Inheritance

The right to inheritance vests only upon the parent’s death, as discussed. This distinction is important because sometimes the question arises as to whether an illegitimate child can claim rights while the parent is still alive. The short answer is that property rights via inheritance cannot be demanded until the inheritance actually opens (i.e., upon death).

6. Donations and Other Lifetime Transfers

A parent may choose to donate or transfer property during his or her lifetime to an illegitimate child. Generally:

Donations that impair the legitime of the other compulsory heirs (such as the surviving spouse or legitimate children) may be reduced or voided to the extent that they infringe on the forced heirship portion.
If a parent donates conjugal or community property, the consent of the other spouse is typically required unless it’s a moderate or nominal gift under the law.
An illegitimate child can receive gifts or donations, but such gifts are subject to collation if they will affect legitimes upon liquidation of the estate.

7. Effect of Other Factors: Subsequent Marriage, Multiple Heirs, Etc.

Sometimes there are multiple layers:

The parent might have children from two or more marriages (some legitimate, some illegitimate), and each set of children has distinct inheritance rights.
The illegitimate child’s share remains half of a legitimate child’s share, even if there are several legitimate children.
If the deceased has no legitimate children, the illegitimate child may inherit a larger portion (still subject to the surviving spouse’s legitime).

8. Practical Steps for Illegitimate Children Seeking to Enforce Their Rights

Establish Filiation
- Possess a duly signed birth certificate, or
- Secure a court judgment of paternity, or
- Gather sufficient evidence of acknowledgment (letters, financial support, etc.).
Monitor Probate or Intestate Proceedings
- When the parent dies, any heir can initiate a probate or intestate proceeding in court for the distribution of the parent’s estate. The illegitimate child should actively participate.
Seek Legal Counsel
- Issues of conjugal property can get complicated, especially if the surviving spouse or other legitimate heirs contest the illegitimate child’s share. A lawyer can ensure that the child’s legitime is not impaired.
Protect Against Fraudulent Transfers
- If there is suspicion that the parent (or other heirs) attempted to conceal or fraudulently transfer properties to deprive the illegitimate child of inheritance, remedies may be pursued in court to nullify such transfers or to collate them back into the estate.

9. Key Legal References

Family Code of the Philippines (Executive Order No. 209, as amended):
- Article 176 (illegitimate children, later amended by R.A. 9255 allowing them to use father’s surname under certain conditions)
- Articles 54–144 (property relations between spouses, including Absolute Community of Property regime)
Civil Code of the Philippines:
- Articles 887–914 (legitimes and compulsory heirs)
- Articles 105–133 (Conjugal Partnership of Gains, for marriages prior to the Family Code)
- Articles 176–227 (support, paternity, filiation, etc.)
Relevant Supreme Court Jurisprudence:
- On filiation, recognition, legitimes, and donation issues (case law consistently affirms that illegitimate children remain compulsory heirs entitled to half the share of a legitimate child, provided filiation is proven).

10. Conclusion

No Immediate Right to Conjugal Property: An illegitimate child does not become a co-owner of conjugal or community property during the lifetime of the parent and the spouse.
Right Emerges Upon Death: The illegitimate child’s property rights over conjugal or community assets arise once the parent dies and the parent’s share is carved out for distribution to the heirs.
Protected by Law: Illegitimate children are compulsory heirs, and their legitime is half that of a legitimate child’s. The law firmly enforces this share, provided the child can prove paternity.
Complexities Abound: Distribution can be complicated when multiple heirs are involved or when properties have been hidden, donated, or transferred. Legal counsel is crucial in asserting and protecting these rights.

In essence, while “conjugal property” belongs to the spouses, an illegitimate child of one spouse is entitled to inherit from that spouse’s share in the conjugal or community assets upon death, subject to forced heirship rules and proper establishment of filiation. This principle underscores the policy in Philippine law that, notwithstanding one’s illegitimate status, the child is protected against total disinheritance and must receive a guaranteed share in the parent’s estate.