In the Philippines, the rules governing succession and inheritance are enshrined primarily in Book III of the Civil Code of the Philippines (Republic Act No. 386), which covers the transmission of the estate of a deceased person to his or her heirs, and are supplemented by the provisions of the Family Code of the Philippines (Executive Order No. 209, as amended) on family relations, legitimacy of children, and property regimes between spouses. These laws apply uniformly to all legitimate children of the decedent, regardless of whether they were born during the decedent’s first, subsequent, or any prior valid marriage. The Philippine legal system recognizes no distinction in inheritance rights among legitimate children based on the marriage from which they came, ensuring equality among all compulsory heirs while balancing the interests of the surviving spouse from the latest marriage.

Legitimacy of Children and Its Relevance to Inheritance

Under Article 163 of the Family Code, children conceived or born during the subsistence of a valid marriage are considered legitimate. Consequently, children born from a previous valid marriage retain their status as legitimate children of the decedent. This legitimacy confers upon them the highest level of protection as compulsory heirs. Legitimacy is determined at the time of conception or birth and is not affected by the decedent’s subsequent remarriage, provided the prior marriage was validly terminated by death, annulment, or declaration of nullity.

In cases where a prior marriage is annulled or declared void, Article 54 of the Family Code provides that children conceived or born before the final judgment of nullity or annulment are still considered legitimate. This preserves their inheritance rights even if the marriage is later dissolved. However, if a subsequent marriage is bigamous (entered into while a prior marriage subsists without proper dissolution), the second marriage is void ab initio under Article 35 of the Family Code. Children from the first valid marriage remain legitimate, while children from the void second marriage may be deemed legitimate only if conceived in good faith under the doctrine of putative marriage, though this does not alter the equal treatment of legitimate children from the valid union.

Adopted children, whether adopted during any marriage, are treated as legitimate children under Republic Act No. 8552 (Domestic Adoption Act) and enjoy identical inheritance rights. Step-children (children of the surviving spouse from the spouse’s previous marriage) have no automatic rights to inherit from the decedent unless legally adopted by the decedent or expressly instituted in a will; they are not compulsory heirs.

Compulsory Heirs and the Concept of Legitime

Article 887 of the Civil Code identifies compulsory heirs, who are entitled to a reserved portion of the estate known as legitime. Legitimate children and descendants, including those from previous marriages, rank first among compulsory heirs. They cannot be deprived of their legitime except through valid disinheritance for causes expressly provided by law (Article 919) and must be stated in a will with specificity.

The legitime of all legitimate children and descendants collectively consists of one-half (1/2) of the net hereditary estate, to be divided equally among them (Article 888). This share is computed after deducting debts, funeral expenses, and other charges from the gross estate. Because all legitimate children—whether from the current or previous marriages—are grouped together without preference, children from earlier unions receive identical per capita shares as their half-siblings from the later marriage.

The surviving spouse from the latest marriage is also a compulsory heir. When concurring with legitimate children or descendants, the surviving spouse’s legitime is equal to the share of one legitimate child (Article 894). Thus, if there are n legitimate children, each child receives (1/2 estate) / n, and the surviving spouse receives the same amount. The total legitime reserved for the children and spouse therefore exceeds one-half of the estate by the amount of the spouse’s share, leaving the remainder as the free portion that the decedent may dispose of freely by will. Illegitimate children (if any exist from non-marital relationships) are also compulsory heirs but receive only one-half the share of a legitimate child (Article 895).

Composition of the Hereditary Estate and Property Regimes

The hereditary estate is not merely the decedent’s personal assets but is determined after liquidation of the applicable property regime under the Family Code. Marriages contracted before August 3, 1988, are generally governed by the Conjugal Partnership of Gains, while later marriages default to the Absolute Community of Property unless otherwise stipulated in a prenuptial agreement.

Upon the decedent’s death, the community or conjugal property is dissolved and liquidated. The decedent’s one-half share (or separate property) forms part of the hereditary estate available for succession. Children from a previous marriage may already have received their inheritance from the dissolution of the first marriage (if the first spouse predeceased), but they have no direct claim on the property of the current surviving spouse. However, any undistributed assets or advances from the decedent during lifetime are subject to collation (Articles 1061–1075 of the Civil Code) to ensure equality. Donations or property given to any child—regardless of which marriage—must be brought back notionally into the estate for computing legitimes, unless expressly declared as non-collatable or taken from the free portion.

Intestate Succession (Succession Without a Will)

When the decedent dies without a valid will or when the will does not dispose of the entire estate, intestate succession applies (Articles 960–1014 of the Civil Code). Legitimate children and descendants from all marriages inherit first and concurrently with the surviving spouse. Under Article 996, the surviving spouse receives a share equal to that of each legitimate child. For example, if the decedent is survived by two children from a previous marriage and one child from the current marriage (total of three legitimate children) plus the surviving spouse, the estate is divided into four equal parts: each child receives one-fourth, and the surviving spouse receives one-fourth.

If there are no legitimate children, the estate passes to other heirs in the order provided by law, but the presence of legitimate children from any marriage excludes ascendants and collateral relatives. Illegitimate children, if any, participate but receive only one-half the share of each legitimate child. Representation applies per stirpes: grandchildren from a predeceased child (from any marriage) inherit the share their parent would have received (Article 981).

Testamentary Succession (Succession With a Will)

A decedent may execute a will to dispose of the free portion of the estate (the portion remaining after satisfying all legitimes). However, the legitimes of legitimate children from previous marriages and other compulsory heirs are inviolable. Preterition—complete omission of a compulsory heir who is a descendant—annuls the institution of heirs in the will, though legacies and devises remain valid unless they impair legitimes (Article 854).

Disinheritance of a legitimate child is permitted only for the exhaustive causes enumerated in Article 919 (such as an attempt against the life of the parent, false accusation of a crime carrying a penalty of more than six years’ imprisonment, or refusal to support the parent without just cause). The disinheritance must be expressly stated in the will, with the cause proven. Unworthiness to succeed (Articles 1027–1029) may also exclude an heir for grave offenses against the decedent, such as conviction for certain crimes.

Collation, Advances, and Equality Among Heirs

To prevent favoritism toward children of one marriage, the Civil Code mandates collation of all donations, advances, or gratuitous transfers made by the decedent during lifetime (Articles 1061–1075). These are added back to the estate for the purpose of computing legitimes and ensuring fair division. A parent cannot favor children from the current marriage by giving them disproportionate lifetime gifts without these being adjusted at death.

Procedural Aspects of Estate Settlement

Estate settlement may be extrajudicial if the decedent left no debts, all heirs are of legal age, and there is no minor or incapacitated heir (Rule 74, Rules of Court). Otherwise, judicial settlement through the Regional Trial Court is required. All legitimate children from previous marriages must be impleaded or notified, as they are indispensable parties. During proceedings, minor children (including those from prior marriages) are entitled to support from the estate pending final distribution (Family Code provisions on support).

Claims for inheritance prescribe after ten years from the issuance of the order of distribution or, in some cases, from the time the right accrues. Estate tax under the National Internal Revenue Code (as amended by the TRAIN Law) is imposed at a flat six percent (6%) on the net estate before distribution to heirs.

Special Cases and Additional Protections

Legal Separation or Annulment: Legal separation does not dissolve the marriage bond and thus does not affect legitimacy or inheritance rights. Annulment or nullity, as noted, preserves legitimacy for children conceived prior to final judgment.
Muslim Personal Laws: For Muslim Filipinos, the Code of Muslim Personal Laws (Presidential Decree No. 1083) may apply concurrently, but the general civil law principles on legitimate children remain influential unless specific Sharia rules govern the estate.
Support Pending Settlement: Minor or incapacitated children from previous marriages have priority rights to support from the estate (Article 194, Family Code).
Grandchildren and Representation: If a child from any marriage predeceases the decedent, the grandchildren represent their parent and inherit the share per stirpes, maintaining equality across family lines.

Philippine jurisprudence consistently upholds the equality of all legitimate children and the sanctity of legitime. The law ensures that remarriage does not diminish the vested inheritance rights of children born from earlier valid unions, promoting fairness while respecting the decedent’s limited freedom to dispose of the free portion.