When a Filipino citizen passes away without a valid will, or if a will is voided, the legal distribution of their estate is governed by the laws of Intestate Succession. Under the Civil Code of the Philippines, the law creates a presumed will for the deceased, prioritizing legitimate and illegitimate children, surviving spouses, and ascending lineages.
However, transitioning from a "presumed" inheritance to actual ownership requires a rigorous legal process—either through an Extrajudicial Settlement (if there are no debts and all heirs agree) or Judicial Partition (if there is a dispute or debt). In both scenarios, the burden of proof lies with the heirs to establish their legal relationship to the deceased.
The Crucial Role of the Birth Certificate
In Philippine law, the Certificate of Live Birth (COLB) is the primary evidence used to establish "filiation"—the legal relationship between a parent and a child. This document is the linchpin of an intestate claim because inheritance rights are almost entirely determined by bloodlines or legal adoption.
1. Establishing Heirdom
The birth certificate identifies the parents of the heir. Under Article 887 of the Civil Code, compulsory heirs include legitimate children and their descendants. Without a birth certificate issued by the Philippine Statistics Authority (PSA), a claimant has no standing to demand a share of the estate.
2. Legitimate vs. Illegitimate Status
The birth certificate indicates whether a child is legitimate or illegitimate (often denoted by the date and place of marriage of the parents). This distinction is vital because, under the current laws of succession, an illegitimate child generally receives one-half (1/2) of the share of a legitimate child.
3. Recognition of Illegitimate Children
For illegitimate children, the birth certificate serves as a "record of birth appearing in the civil register," which is a primary means of recognition under Article 172 of the Family Code. If the father signed the birth certificate, it acts as an admission of paternity, automatically granting the child successional rights to the father's estate.
Essential Documents for Intestate Proceedings
To settle an estate, whether through a bank, the Bureau of Internal Revenue (BIR), or the Register of Deeds, the following documents are mandatory:
A. Proof of Death
- PSA Death Certificate: The official document confirming the "opening" of the succession. Succession rights are transmitted from the moment of death.
B. Proof of Relationship (The Paper Trail)
- PSA Birth Certificates: For all claiming heirs to prove filiation to the deceased.
- PSA Marriage Certificate: If the deceased was married, the surviving spouse must provide this to prove their status as a compulsory heir and to determine the liquidation of the conjugal partnership.
- Certificate of No Marriage (CENOMAR) or Advisory on Marriages: To verify the marital history of the deceased and ensure no other competing legal spouses exist.
C. Property Documents
- Original Transfer Certificates of Title (TCT) or Condominium Certificates of Title (CCT): For real estate properties.
- Tax Declarations: For both real property and improvements (issued by the Assessor’s Office).
- Certificates of Stocks, Bank Books, or Vehicle Registrations: To account for personal property.
D. Compliance Documents
- Estate Tax Return (BIR Form 1801): No property can be transferred to heirs without paying the estate tax (currently a flat rate of 6% under the TRAIN Law).
- Affidavit of Publication: If settling extrajudicially, the heirs must publish the notice of settlement in a newspaper of general circulation once a week for three consecutive weeks.
Common Challenges and Solutions
| Problem | Legal Remedy / Requirement |
|---|---|
| Missing Birth Certificate | One must file for Delayed Registration of Birth with the Local Civil Registrar or provide secondary evidence like baptismal certificates or school records. |
| Errors in Names/Dates | A Petition for Correction of Clerical Error (R.A. 9048) or a judicial petition for correction of entry must be filed to ensure the documents match the deceased's records. |
| Unrecognized Illegitimate Child | If the birth certificate was not signed by the father, the heir may need to present "open and continuous possession of the status of a child" or private handwritten instruments. |
The "Iron Curtain" Rule (Article 992)
It is important to note Article 992 of the Civil Code, which prevents illegitimate children from inheriting ab intestato (by intestacy) from the legitimate children and relatives of their father or mother, and vice versa. In this specific legal context, the birth certificate acts as the "gatekeeper," defining which side of the "curtain" an heir falls on, which can drastically alter the distribution of the estate.
Summary Checklist for Heirs
- Secure PSA-authenticated copies of all vital records (Death, Birth, Marriage).
- Consolidate all Title Deeds and Tax Declarations.
- Draft the Deed of Extrajudicial Settlement (if all heirs are in agreement).
- Pay the Estate Tax at the correct Revenue District Office (RDO).
- Publish the Settlement in a newspaper.
- Register the Transfer with the Register of Deeds to obtain new titles in the heirs' names.