Quick answer

A common worry when a marriage is annulled or declared void is whether the children lose their status and inheritance rights. The law is protective of children. Children of a voidable marriage that is later annulled are legitimate, provided they were conceived or born before the finality of the decree of annulment; their legitimacy and successional rights are not diminished by the annulment. For void marriages, children are generally illegitimate, but there is a crucial exception: children conceived or born of marriages that are void due to the psychological incapacity of a spouse (under Article 36) are considered legitimate, and children of a subsequent void marriage under the rule on failure to record the required documents also have their status protected in the manner the law provides. Legitimate children (including those deemed legitimate under these rules) are compulsory heirs entitled to their legitime, a reserved portion of each parent's estate that cannot be impaired. When a marriage is annulled or declared void, the law requires the delivery of the children's presumptive legitimes: upon the finality of the decree, the common children's presumptive legitimes are to be delivered to them (in cash, property, or sound securities), so that their future inheritance is protected and set aside from the liquidation of the parents' property; failure to comply can affect the recording of the decree and the validity of a subsequent marriage. So annulment or nullity does not strip children who remain legitimate of their inheritance; instead, the law both preserves their legitime and requires the advance delivery of their presumptive legitimes upon the decree.

Children Keep Their Status and Rights

Children of a voidable marriage later annulled are legitimate if conceived or born before the decree's finality, and their legitime and successional rights are not diminished.

Void Marriages and the Article 36 Exception

Children of void marriages are generally illegitimate, but children of marriages void for psychological incapacity (Art. 36) are legitimate, as are children protected under the rule on subsequent void marriages.

Delivery of Presumptive Legitimes

On the finality of the decree, the common children's presumptive legitimes must be delivered to them (cash, property, or securities), protecting their inheritance. Failure to comply can affect the recording of the decree and a subsequent marriage.

Practical Takeaways

Frequently Asked Questions

Do children lose their inheritance if the marriage is annulled? No, if they remain legitimate. Children of a voidable marriage annulled after their conception or birth are legitimate, and their legitime and successional rights are not diminished by the annulment.

Are children of a void marriage legitimate? Generally illegitimate, except children conceived or born of marriages void due to psychological incapacity under Article 36, who are considered legitimate, and children protected under the rule on subsequent void marriages.

What are presumptive legitimes? The children's future inheritance set aside in advance. Upon the finality of the annulment or nullity decree, the common children's presumptive legitimes must be delivered to them in cash, property, or sound securities.

What happens if the presumptive legitimes are not delivered? Failure to comply with the delivery and recording requirements can affect the recording of the decree and the validity of a subsequent marriage of either former spouse.

This commentary is for general informational purposes only and does not constitute legal advice. For guidance specific to your situation, please consult a licensed attorney.

If you have questions about your rights or options under Philippine law, our firm is available to assist. You may reach us via Viber or WhatsApp, call us at 0995 433 5550, or send an email to vivasnobles@gmail.com. We look forward to hearing from you.