Evaluating the user's request

The user is asking for a legal article on "Succession Rights of Unmarried Child to Parental Property in the Philippines" while clarifying not to use external search sources. I’ll need to rely on Philippine laws for this, bringing in the Civil Code (Articles 960 and onwards) and Family Code provisions related to legitimacy and illegitimacy. It's important not to confuse "unmarried child" with "illegitimate child." I must cover compulsory heirs, how legitime is computed, and how testate vs. intestate cases affect succession.

Clarifying succession rights

I’m interpreting “unmarried child” as a child who is single, not a child born out of wedlock. The request likely refers to a child who is not married inheriting from their parents, so I need to discuss their rights in testate vs. intestate succession, legitime share, and various related rights like collation and representation. I should cover property regime, compulsory heirs, and estate-related issues while avoiding post-2025 changes. Also, important to note recent legal updates, like changes to the equalization of shares for illegitimate children or pending legislation.

Summarizing succession rights

The user is asking for a detailed legal article on succession rights for unmarried children under Philippine law. I need to explain that an unmarried child (legitimate) can inherit just like any other legitimate descendant. The marital status of the child doesn't affect their inheritance rights, though relationships like inheritance from the spouse or property relations could change the portion. I'll cover succession types, statutory bases, forced heir status, legitime, co-ownership, expenses, and procedural steps. I'll rely on the Philippine Civil Code and Family Code, without incorporating any uncertain or unverified recent rulings.

Thought for 1m 8s

Succession Rights of an Unmarried Child to Parental Property (Philippines) (All citations are to the Civil Code of the Philippines unless a later statute or case is expressly named.)

1. Governing Sources

Instrument / Authority	Key Provisions for Children
Civil Code, Book III (Succession), Arts. 960-1105	Compulsory heirs, legitime, testate & intestate rules, disinheritance, collation, partition
Family Code of 1987, Arts. 149-162, 174-175, 226-227	Family home, property regimes, support obligations
TRAIN Law (R.A. 10963, 2018) & BIR R.R. 12-2018	6 % estate tax on the net estate, one-year filing period
R.A. 9858 (2009) & R.A. 11642 (2022)	Legitimation of children born to subsequently married parents; administrative adoption
Selected jurisprudence	Heirs of Malate v. Gamboa (G.R. 215177, 10 Jan 2018), Tan-Andal v. Andal (G.R. 196359, 11 May 2021), etc.

2. Meaning of “Unmarried Child”

“Unmarried” here refers only to civil status (single); it does not diminish, enlarge, or differentiate the child’s successional rights. What matters is legitimacy, not whether the child has celebrated a marriage.

3. Compulsory-Heir Status

Under Art. 887, legitimate children and descendants are compulsory heirs. They can never be deprived of their legitime (their reserved share) except by valid disinheritance (Arts. 915-921).

Tip: A child’s legitime is protected even if the parent executes a will, donates property, or cohabits without marriage.

4. Testate Succession (There is a Will)

Family constellation	Legitime of the unmarried (legitimate) child	Legitime of surviving spouse	Free portion
One parent dies, one child, no spouse of deceased	½ of estate (Art. 888)	N/A	½
One parent dies, multiple children, no spouse	½ estate collectively, divided per capita (Art. 888)	N/A	½
One parent dies, child + surviving spouse (the other parent)	Child: ¼ │ Spouse: ¼ (Arts. 892-893)	½
Children + surviving spouse	½ estate collectively to children and spouse in equal shares (Art. 892)	½

Computation example (P 6 000 000 estate; one child + widow):

Child legitime = P 1 500 000
Spouse legitime = P 1 500 000
Free portion = P 3 000 000 (may be willed to anyone, including the child again).

The will cannot reduce legitime but it may augment the child’s share out of the free portion.

5. Intestate Succession (No Will)

Order of intestate heirs (Arts. 960-969):

Legitimate children and descendants
Legitimate parents and ascendants
Surviving spouse
Illegitimate children
Collateral relatives up to the fifth degree
The State

Thus, if any legitimate child survives, the parents (ascendants) are excluded. If only one unmarried child survives and there is no spouse, that child takes 100 % of the estate.

With a surviving spouse

Shares are equal between each legitimate child and the spouse (Art. 996).
Example: estate = P 9 000 000; two children + widow ⇒ each gets P 3 000 000.

With illegitimate children

Illegitimate children inherit by force of law (Art. 895) but at ½ the share of each legitimate child unless already legitimated or adopted.

Example: one legitimate child (unmarried) + one illegitimate child
- Legitimate: 2 / 3 Illegitimate: 1 / 3

(If pending reform bills removing the ½ ratio are enacted, that rule will change; as of May 2025 the statute is still in force.)

6. Collation & Advancements

A parent may have given an advance inheritance (Art. 1061).

All donations made to compulsory heirs during the donor’s lifetime must generally be brought to collation when computing legitime, unless expressly waived.
Failure to collate can reduce the shares of other heirs and is a ground to reduce donations (Arts. 771, 770).
Prescription: action to compel collation or reduce inofficious donations must be filed within 10 years from death.

7. Disinheritance & Preterition

A child may be disinherited only for the specific causes in Art. 919 (serious offenses against the parent, etc.) and only through a notarial will stating the cause. If the will is silent or the cause is invalid, the disinheritance fails, and the child demands reduction of testamentary dispositions.

Preterition (total omission of a compulsory heir) in a will annuls institution of heirs but the devises and legacies stand if not inofficious (Art. 854). The omitted child then takes his legitime by intestacy.

8. Special Property Considerations

Property	How it affects the child’s share
Conjugal / Absolute-Community Property	Only the ½ net share belonging to the deceased spouse forms part of the estate.
Family Home (Arts. 152-159, F.C.)	Exempt up to P 1 million from execution. Upon death, it is pro‐indiviso property of the surviving spouse & heirs; partition deferred until the youngest child is 18 or the spouse remarries.
Exclusive Property of the deceased	Enters the estate in full; no community deduction.

9. Estate Administration & Settlement

Extrajudicial settlement (Rule 74, Rules of Court): allowed if no will & no debts (or paid) and heirs are ALL of age (or duly represented).
Judicial settlement / letters testamentary or administration if there is a will, debts, minors, or disagreement.
Estate tax: 6 % of the net estate, file & pay within 1 year; otherwise penalties & 20 % annual interest apply.
Partition / Deed of Assignment: transfers property to the heirs; must be registered with the Registry of Deeds for real property.

10. Representation & “Right of Accretion”

If the unmarried child dies ahead of a parent, his descendants (the grandchildren) represent him (Art. 970). If a co-heir repudiates or is incapacitated and there is no representation, the others may take his share by accretion (Art. 1015).

11. Adopted, Legitimated & Illegitimate Children

Child’s legal status	Successional standing vis-à-vis legitimate, unmarried child
Adopted (R.A. 11642)	Treated as legitimate child of the adoptive parent; has equal share with a natural legitimate child.
Legitimated (F.C. Arts. 177-182; R.A. 9858)	Retroactively legitimate from birth; inherits as if legitimate.
Illegitimate	Compulsory heir; but legitime is ½ unless equalization is eventually legislated. Art. 992 still bars intestate succession between legitimate and illegitimate collateral relatives (e.g., an illegitimate child cannot inherit from legitimate grandparents through representation).

12. Prescription & Enforcement

Actions to demand legitime, annul or reduce testamentary dispositions, or rescind partition prescribe in ten (10) years (Arts. 1391, 1144). Actions to recover imbunged property by an heir who did not participate in an extrajudicial settlement prescribe in four (4) years from discovery, but in any event within two (2) years after registration (Rule 74 §4).

13. Practical Pointers for Unmarried Heirs

Secure certified copies of parent’s death certificate, land titles, bank statements.
Check for a will. Handwritten (holographic) wills are valid if entirely written, dated, and signed by the testator.
Inventory debts; heirs are liable only up to the value of the estate.
File estate-tax return early; you can pay in two years in installments if warranted.
Watch the 10-year window for collation and reduction of donations.
Guard against coercion to sign waivers or deeds without full accounting.
If minors or grandchildren exist, obtain court approval for any compromise.
Register the partition; unregistered deeds do not bind third persons and complicate later sales.

14. Key Takeaways

A child’s single status does not lessen or enlarge his inheritance.
In testate succession, the legitime is sacrosanct: ½ of the estate among the children (and spouse, if any).
In intestate succession, the child shares equally with legitimate siblings and the surviving spouse and excludes ascendants.
Illegitimate (unmarried) children inherit too, but at only half the share of a legitimate child until Congress equalizes shares.
Family-home, community-property and estate-tax rules all affect the net property the child actually receives.
Rights must be asserted within 10 years, and estate taxes within 1 year of death.

Understanding these principles equips an unmarried son or daughter to protect what the law already secures for them—and to navigate the procedural pitfalls that can erode that protection.