An illegitimate child inherits from their parent, and the child's legitime is equal to one-half of the legitime of a legitimate child. Filiation must be established, usually by the birth certificate, an admission of paternity, or other proof. The old iron-curtain rule of Article 992 barred an illegitimate child from inheriting by intestacy from the legitimate relatives of the parent, but the Supreme Court in Aquino v. Aquino has reinterpreted that barrier to allow representation in appropriate cases, an important recent development.
Few questions cause more family anxiety than the inheritance rights of a child born outside marriage. The law has long recognized those rights — but at a reduced share, and hemmed in by a controversial rule that the Supreme Court has recently softened. Here is where things stand.
Illegitimate Children Do Inherit From Their Parent
An illegitimate child is a compulsory heir of the illegitimate parent. This means the law reserves for the child a portion of the parent’s estate — the legitime — that the parent cannot freely give away to others. An illegitimate child cannot be simply written out; they are entitled to their share as a matter of right, subject only to valid disinheritance for causes the law specifies.
The Core Rule: One-Half of a Legitimate Child’s Share
The size of the share is the key figure. Under the Civil Code and the Family Code, the legitime of an illegitimate child is equal to one-half (1/2) of the legitime of a legitimate child. So where legitimate and illegitimate children inherit together from the same parent, each illegitimate child receives half of what each legitimate child receives. If there are no legitimate children, the illegitimate children’s shares are computed under the rules that apply to their concurrence with the surviving spouse and other heirs. The important takeaway is that the illegitimate child’s share, while real and protected, is proportionally smaller than a legitimate child’s.
Filiation Must Be Established First
Before any share can be claimed, the child’s filiation to the parent must be proven. This is often the real battleground. Filiation may be shown by:
- The record of birth in the civil register, particularly where the parent signed or supplied the information;
- An admission of filiation in a public document or a private handwritten instrument signed by the parent; or
- Other evidence allowed by the rules, including, where necessary, DNA evidence, which the courts now accept.
A child whose paternity is denied by the other heirs may need to establish filiation in the proper proceeding before the inheritance claim can succeed.
The Iron-Curtain Rule — and Its Recent Softening
A long-standing obstacle is Article 992 of the Civil Code, the so-called “iron curtain” rule. Traditionally, it barred an illegitimate child from inheriting by intestacy from the legitimate relatives of the parent — for example, from the parent’s legitimate parents (the child’s grandparents) — and vice versa, on the theory that there was presumed antagonism between the legitimate family and the illegitimate line. For decades this meant an illegitimate grandchild could be shut out of a grandparent’s intestate estate.
That barrier has been reinterpreted. In Aquino v. Aquino, the Supreme Court moved away from the rigid application of Article 992 and recognized that an illegitimate child may, in appropriate circumstances, inherit by right of representation from a grandparent, aligning the rule with the constitutional policy of protecting children and the best interest of the child. The precise reach of this development continues to be worked out, but the direction is clear: the once-absolute iron curtain is no longer absolute.
Practical Advice
If you are an illegitimate child asserting a share, secure proof of filiation first — the birth certificate and any acknowledgment — and be prepared to establish it formally if contested. If you are settling an estate that includes illegitimate children, account for their one-half legitime correctly, and be aware that the modern reading of Article 992 may give them rights that older advice would have denied. Because this is an evolving area, current legal guidance matters.
Frequently Asked Questions
How much does an illegitimate child inherit in the Philippines? An illegitimate child's legitime is one-half of a legitimate child's legitime. Where legitimate and illegitimate children inherit together, each illegitimate child receives half of what each legitimate child receives.
Can an illegitimate child be disinherited or excluded? An illegitimate child is a compulsory heir and cannot simply be excluded; they are entitled to their legitime. They can be disinherited only for the specific causes the law allows, done properly in a will.
How is filiation proven? Through the record of birth, an admission of filiation in a public document or signed handwritten instrument, or other evidence, including DNA where necessary. If paternity is denied, filiation may need to be established in a proper proceeding.
Can an illegitimate child inherit from grandparents? Traditionally the iron-curtain rule of Article 992 barred this by intestacy, but the Supreme Court in Aquino v. Aquino reinterpreted the rule to allow inheritance by representation in appropriate cases. This is a significant recent development.
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 are asserting or settling an inheritance involving children born outside marriage, the rules have shifted, and our firm can advise you on the current law. 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.