Succession Rights of Illegitimate Children and Common-Law Partners in the Philippines
(Updated to statutory and jurisprudential developments as of June 2025)
1. Why the Topic Matters
The Philippines still draws intense emotional and economic consequences from questions of status and family legitimacy. Because marriage remains the only source of a “legal spouse,” children born outside a valid marriage and partners in de facto unions confront very different successional landscapes from those enjoyed by legitimate heirs and a lawful husband or wife. Understanding those rules is indispensable when drafting estate plans, challenging or defending estates, or even weighing whether to marry after many years of co-habitation.
2. Governing Sources
| Layer | Key Provisions |
|---|---|
| 1949 Civil Code (Book III, Arts. 960 - 1105) | Intestate & testamentary succession; legitimes; Art. 992 “iron curtain” rule. |
| Family Code of 1987 | Arts. 147-148 (property regimes of unions without marriage); Arts. 163-182 (filiation); Arts. 887, 895, 902 (illegitimate child as compulsory heir; ½-share rule). |
| Republic Acts (selected) | RA 9858 (legitimation of children of parents below marrying age or later married); RA 10655 (SSS survivorship benefits for cohabitees); special pension / GSIS laws. |
| Rules of Court & SC jurisprudence | Corpuz v. San Jose (G.R. No. 166656, Apr 11 2012) on Art. 992; Heirs of Donato v. CA (Feb 13 2006) on proof of filiation; Abalos v. Heirs of Giron (Dec 5 2018) on Art. 147 co-ownership; etc. |
No statute grants a common-law partner the status of “spouse” for purposes of succession; any rights flow only from property co-ownership or a will.
3. Illegitimate Children
3.1 Filiation: the Gateway Right
An illegitimate child becomes an heir only if filiation is established. Recognition may be:
- Voluntary – expressed in a notarized statement, the record of birth, a private handwritten instrument, or a will.
- Compulsory – proven by an action to claim legitimacy/illegitimacy within the prescriptive periods of Art. 175 FC (generally during the child’s lifetime; if incapacitated, within five years from attaining majority).
- Open and continuous possession of status – public perception, consistent support, use of surname, etc.
3.2 Their Standing among Compulsory Heirs
Under Art. 887 FC they rank immediately after legitimate descendants and the legitimate spouse, sharing the status of compulsory heirs. Consequently:
- They cannot be deprived of their legitime by will.
- They may compel reduction of donations or testamentary dispositions infringing that legitime (Art. 906).
3.3 Computation of the Legitime
| Situation | Share of Each Illegitimate Child | Notes |
|---|---|---|
| With legitimate child(ren) and/or spouse | ½ of each legitimate child’s legitime (Art. 895) | Ratio 1:2 (illegitimate : legitimate). |
| Only illegitimate children survive | They divide the entire estate equally (Art. 895 ¶2). | No reduction factor needed. |
| Legitimate ascendants and illegitimate children (no legitimate children) | ½ of the estate is reserved to ascendants; the other ½ to illegitimate children (Art. 904). | |
| Illegitimate child inherits by representation of a pre-deceased illegitimate parent | Allowed (Art. 902) but never across the “iron curtain” to legitimate grandparents. |
The Iron Curtain (Art. 992). No intestate succession “between the illegitimate child and the legitimate children and relatives of his father or mother” except through the parent himself. Hence an illegitimate grandchild cannot inherit from a legitimate grandparent unless the parent pre-deceased and was legitimate.
3.4 Rights Against Siblings
Illegitimate siblings inherit per capita among themselves regardless of whether they are “natural” or “spurious”; the Family Code abolished that distinction.
3.5 Testamentary Succession
Parents may improve an illegitimate child’s share beyond the legitime subject to the free portion. Conversely they may only reduce, not eliminate, that legitime by disinheritance on grounds in Art. 919 CC (acts of violence, etc.).
4. Common-Law (Live-In) Partners
4.1 No Automatic Successional Status
A partner outside wedlock is not an heir under either intestate or compulsory succession. Consequently:
- He/She ranks behind legitimate spouses, descendants, ascendants, collaterals, and even the State.
- Any right to inherit must come through a valid will (within the disposable free portion) or via co-ownership.
4.2 Property Regimes of Cohabitation
| Article | When It Applies | Rules on Property |
|---|---|---|
| Art. 147 FC | Both parties are capacitated to marry (no existing impediment) but marriage is absent or void (e.g., no license). | • Wages/salaries belong exclusively to the earner. • All other property acquired during the union through their joint efforts presumed equally owned (½-½). |
| Art. 148 FC | One or both parties incapacitated to marry each other (e.g., one is already married). | Only property acquired by their actual joint contribution is co-owned pro rata; property exclusively earned remains exclusive. |
Upon the death of one partner the co-ownership is dissolved; the survivor keeps his/her own share (½ or proportional), while the decedent’s share passes to his or her legal heirs under ordinary intestacy—never to the surviving partner by reason of the partnership alone.
4.3 Practical Effects
- If the deceased leaves only a cohabiting partner and illegitimate children, the partner receives nothing by succession; the children get the entire decedent’s share.
- The partner may, however, assert creditor rights for unpaid contributions and improvements, or enforce a constructive trust where property was titled solely in the decedent’s name but paid for jointly.
4.4 Benefits Outside the Civil Code
Special laws (SSS, GSIS, AFP, PNP, POEA, retirement plans) sometimes recognize a live-in partner as a “secondary beneficiary.” That status does not create heirship but offers independent statutory benefits.
5. Coordinating Illegitimate Children and Common-Law Partners in One Estate
- Identify co-owned property under Arts. 147/148; carve out the survivor’s share before partition.
- Classify heirs: legitimate descendants ↠ illegitimate descendants ↠ legitimate ascendants ↠ collaterals ▸ No slot for partner.
- Compute legitimes: Apply ½-share rule, iron curtain, and free portion limits.
- Testamentary gifts to the partner: Check if they exceed the disposable free portion; if so, illegitimate children (being compulsory heirs) may demand reduction.
6. Illustrative Example
Facts: Justin (single) and Maya lived together without impediment for 15 years. They accumulated ₱10 million in savings and a house (₱6 million) titled in Justin’s name. They have one child, Nico (illegitimate). Justin dies intestate in 2025.
Co-ownership split (Art. 147): Savings & house are presumed ½-½. ● Maya keeps ₱5 M cash + ½ house (₱3 M value).
Estate for distribution: ● Justin’s estate = ₱5 M cash + ½ house (₱3 M) = ₱8 M.
Heirs: Only Nico (illegitimate).
Legitime: When no legitimate children/spouse/ascendants, Nico gets all.
Result:
- Maya owns ₱5 M + ½ house.
- Nico owns ₱8 M worth (which includes the other ½ of the house).
- If Maya wants the entire house, she must buy Nico out or agree to sell and split proceeds.
7. Enforcement and Procedure
| Step | Action |
|---|---|
| Settlement venue | Extrajudicial (if heirs agree, no outstanding debts) or testate/intestate petition in RTC. |
| Proof of filiation | PSA-certified birth certificate, written acknowledgment, or court judgment. |
| Inventory & partition | Identify exclusive vs. co-owned assets; secure appraisals; compute legitimes; draft deed of partition. |
| Tax compliance | File estate tax return within one year (BIR deadline) to avoid surcharge and interest. |
| Annotation & transfer | Record heir’s adjudications on titles, shares, deposits; present BIR eCAR. |
8. Policy Trends & Possible Reform
- Bills to Abolish Art. 992 have periodically been filed to erase the “iron curtain,” arguing equal protection. None has passed as of June 2025.
- Digital succession planning (online wills, notarization via videoconference) is now permitted under the 2023 Notarial Rules Amendments, easing the inclusion of illegitimate children.
- Unified Civil Registration Bill aims to simplify legitimation processes, but likewise still pending.
9. Key Take-Aways
- Illegitimate children are compulsory heirs; they cannot be disinherited except for just cause.
- Their legitime is always one-half of a legitimate child’s legitime when both exist.
- The “iron curtain” still blocks intestate succession between legitimate and illegitimate relatives beyond the parent–child link.
- A common-law partner never inherits by force of law; their protection lies in (a) the co-ownership rules of Arts. 147/148, and (b) being named in a will.
- Estate plans should marry co-ownership accounting with a valid testamentary disposition to secure a partner’s future while respecting compulsory legitimes.
10. Checklist for Lawyers & Estate Planners
- Secure birth and recognition documents for every child.
- Audit property origins to label them exclusive or co-owned.
- Draft a notarial will allocating the free portion to the partner if desired.
- Insert substitution clauses for pre-deceasing illegitimate heirs to avoid Art. 992 gaps.
- Coordinate insurance/retirement designations separately from succession documents.
Disclaimer: This article is for educational purposes and does not constitute legal advice. Statutes and doctrines may evolve; consult Philippine counsel for concrete situations.