Succession Rights in Conjugal Property When There Are No Legitimate Children

(Philippine Law Overview)

1. Governing Sources

Family Code of the Philippines (E.O. No. 209, as amended) – Arts. 74-148 on property relations of spouses; Arts. 960-1101 on succession.
Civil Code (Articles still in force on succession where not repealed).
Tax Code (NIRC) – estate-tax provisions.
Special laws & jurisprudence – e.g., Abalos v. Heirs of Gomez (G.R. 158989, Jun 29 2005); Albasin v. Prodigalidad (G.R. 163624, Aug 25 2009); Estate of Hemady (G.R. 171491, Apr 24 2009).

2. Property Regimes and the “Conjugal Mass”

Regime	Default?	Scope of the Mass	Dissolution Trigger
Absolute Community of Property (ACP)	Yes (marriages 1988-present, unless valid marriage settlement)	All present & future properties of spouses except exclusions in Art. 92	Dissolved by death of a spouse (Art. 99)
Conjugal Partnership of Gains (CPG)	Default for couples married before 3 Aug 1988 who did not agree otherwise	Only fruits/incomes and properties acquired for onerous title during marriage (Art. 116-117, Civil Code)	Dissolved by death (Art. 126, Civil Code)

Why this matters: Succession operates after the liquidation of the property regime. The “gross estate” includes (a) the decedent’s exclusive properties plus (b) his or her one-half share of the conjugal/communal mass.

3. Liquidation Stage – Before Succession Proper

Inventory → Valuation → Payment of Obligations (including estate taxes, conjugal debts) → Delivery of net remainder to heirs (Arts. 102, 103 Family Code; Arts. 129-135 Civil Code for CPG).
Debts & obligations chargeable pro rata against communal assets before partition.
Surviving spouse may demand immediate separation of her/his share to avoid being a co-heir with strangers (Heirs of Malate v. CA, G.R. 119535, Jun 22 1999).

4. Intestate Heirship When There Are No Legitimate Descendants

(The spouses have no legitimate children or legitimate descendants.)

Order under Arts. 962-967, Family Code (mirrors old Civil Code Art. 960 et seq.):

Surviving spouse & legitimate ascendants (parents, grandparents)
Surviving spouse alone (when no ascendants, no illegitimate children, no collateral relatives within 5th degree)
Surviving spouse & illegitimate children
Surviving spouse & other collateral relatives (brothers, sisters, nephews, nieces)
State (escheat) when none of the above exist.

4.1. Legitimes & Free Portion

Situation	Legitime of Surviving Spouse	Legitime of Co-heirs	Free Portion
With legitimate ascendant(s) only	½ of estate (Art. 897)	Ascendants – ½	None
Spouse + illegitimate child(ren) only	½ (Art. 895 last par.)	Illegit. child(ren) – ½ (to be divided equally)	None
Spouse + legitimate ascendant(s) + illegitimate child(ren)	1/3 (Art. 903)	Ascendants – 1/3; Illegit. child(ren) – 1/3	None
Spouse alone	Entire estate (but still after liquidation)	—	—
Spouse + collateral relatives	Spouse – ½ (Art. 1001)	Collaterals (siblings, etc.) – remaining ½	None

Note: Legitimate ascendants exclude collaterals; illegitimate children do not exclude legitimate ascendants (Art. 991).

4.2. Representative Examples

Husband dies; estate (net) ₱10 M; regime: ACP; survivors: wife, parents. Liquidation: Wife automatically gets her ½ of ACP → ₱5 M. Succession: Remaining ₱5 M. Wife legitime = ₱2.5 M; Parents = ₱2.5 M.
Wife dies; regime: CPG; exclusive property ₱4 M; conjugal gains ₱6 M; survivors: husband + illegitimate son. Liquidation: Conjugal mass ₱6 M ⇒ each gets ₱3 M. Net estate = ₱3 M (½ conjugal) + ₱4 M = ₱7 M. Succession: Husband legitime = ₱3.5 M; Illegitimate son = ₱3.5 M (equal shares).

5. Testamentary Freedom & Compulsory Heirs

Even without legitimate children, a testator cannot deprive:

Surviving spouse
Legitimate ascendants
Illegitimate children

of their legitimes. Only the free portion (if any) may be distributed freely (Arts. 904, 906).

6. Distinctions: Illegitimate vs. Legitimate Ascendants

Legitime of illegitimate parents is none if legitimate ascendants are alive (Diaz v. IAC, G.R. 74076, Jan 29 1988).
Illegitimate children inherit by themselves, not through representation of their parents’ legitime (Art. 991).
Ratio reflects constitutional policy favoring marital family but no longer applies the “iron curtain” between legitimate & illegitimate relatives.

7. Effect of Adoption or Recognition

Adopted child = legitimate child of adopter (RA 8552, Art. 189 of Family Code).
If spouses later adopt, the adopted legitimate child would alter the order, pushing ascendants and collaterals down.

8. Common Pitfalls & Practical Notes

Skipping liquidation before distributing—causes “mixed-up” ownership.
Estate taxes – due within 1 year from death; non-payment arrests partition (NIRC §90-96).
Co-ownership pitfalls – surviving spouse becomes co-owner with other heirs until partition; better to execute an Extrajudicial Settlement (Rule 74 ROC).
Foreign property – lex rei sitae; but legitime calculation uses worldwide estate for Filipinos (Art. 16 CC).
Illegitimate relationship proof – recognition, birth certificate, DNA; affects shares significantly.
Usufruct of the family home – survives in favour of the spouse (Art. 157 FC) irrespective of shares.

9. Procedure for Intestate Settlement

Death certificate; TIN of estate
Publish notice (if extrajudicial) once a week for 3 weeks
BIR valuation & CAR (Certificate Authorizing Registration)
Transfer taxes & new titles – ROD/LRA

10. Comparative Glance: Muslim & IP Customary Laws

For Muslims, PD 1083 (Code of Muslim Personal Laws) governs; fractional shares differ (e.g., surviving wife may get ¼ when no descendants).
Indigenous communities may apply customary succession under IPRA, but ACP/CPG still governs property acquired under civil law unless an intra-community marriage.

11. Key Cases (Selected)

Case	G.R. No.	Date	Doctrine
Abalos v. Heirs of Gomez	158989	29 Jun 2005	Liquidation of conjugal partnership precedes partition; heirs cannot ignore conjugal share.
Heirs of Malate v. CA	119535	22 Jun 1999	Surviving spouse entitled to demand separation of share before partition.
Estate of Hemady	171491	24 Apr 2009	Collation & computation of legitimes; valuation date.
Diaz v. IAC	74076	29 Jan 1988	Illegitimate parents vs legitimate ascendants.
Albasin v. Prodigalidad	163624	25 Aug 2009	Requirement of publication for extrajudicial settlement.

12. Checklist for Practitioners

Identify regime (ACP, CPG, separation of property?).
Prepare complete inventory incl. exclusive & conjugal/community items.
Settle debts – conjugal, personal, taxes.
Determine compulsory heirs present (ascendants? illegitimates? spouse?).
Compute legitimes per Arts. 887-908.
Allocate free portion or apply intestacy rules if no will.
Draft & publish settlement; obtain BIR CAR.
Transfer titles; annotate usufruct of family home where applicable.

Conclusion

When a Filipino couple leaves no legitimate children, the surviving spouse’s rights remain robust but are not absolute. The law prioritizes liquidation of the conjugal/communal property, protects compulsory heirs (ascendants and illegitimate children), and fixes mandatory legitimes that cannot be impaired by a will. Failure to observe these rules results in void dispositions, tax penalties, and protracted litigation—pitfalls that prudent estate planning and timely settlement can avoid.

(This article is for legal information only and does not constitute legal advice. Engage counsel for case-specific guidance.)