Inheritance for illegitimate children
Credit to Author: PERSIDA ACOSTA| Date: Mon, 04 Feb 2019 18:05:47 +0000
Dear PAO,
My husband passed away last year. We have been living our separate lives for the past 13 years, but our marriage was never annulled. After our separation, he lived with a woman with whom he had two children. Ever since he started a new family, he never extended any financial assistance to our son. When my husband passed away, I learned that all the assets that he acquired while he was with his partner were solely under his name as he is the sole breadwinner of his second family. His partner asked me if we can divide my husband’s assets, wherein one-half will be given to us, the legal family, while the other half will be given to his two other children. I’m not very keen on sharing my husband’s assets because he neglected my son while he was with them. My husband didn’t leave a will and I believe the properties that he bought still form part of our conjugal assets because we never got an annulment. If these are our conjugal assets since we didn’t sign a prenuptial agreement before we got married, can I refuse to give anything to his illegitimate family? If I cannot do so, how much should I give to his other family?
Marlene
Dear Marlene,
You may not refuse to give the inheritance of your husband’s illegitimate children. This is because Article 99 of the Family Code of the Philippines states:
“Art. 99. The absolute community terminates:
(1) Upon the death of either spouse;
(2) When there is a decree of legal separation;
(3) When the marriage is annulled or declared void; or
(4) In case of judicial separation of property during the marriage under Articles 134 to 138.” (Emphasis and underscoring supplied)
In other words, the properties co-owned by the spouses is evenly divided into two upon the death of either one of the spouses. You retain your one-half share of your conjugal assets, while the other half forms part of your husband’s estate which must be distributed to his heirs in accordance with the rules on succession. Succession as defined in Article 774 of the Civil Code of the Philippines “is a mode of acquisition by virtue of which the property, rights and obligations to the extent of the value of the inheritance, of a person are transmitted through his death to another or others either by his will or by general operation of law.”
Article 887 of the said law enumerates the deceased’s legitimate children, the widow or widower and the illegitimate children as the deceased’s compulsory heirs. Thus, the aforementioned individuals must be given their “legitimes” or the “part of the testator’s property which he cannot dispose of because the law has reserved it for certain heirs who are called compulsory heirs” (Article 886, Family Code of the Philippines). Thus, you, your child and your husband’s two illegitimate children have legitimes from your husband’s estate (1/2 of your conjugal property), which must be distributed in accordance with the following rules provided in the Civil Code of the Philippines:
“Article 888. The legitime of legitimate children and descendants consists of one-half of the hereditary estate of the father and of the mother.
xxx
“Article 892. If only one legitimate child or descendant of the deceased survives, the widow or widower shall be entitled to one-fourth of the hereditary estate. xxx
xxx
“Article 895. The legitime of each of the acknowledged natural children and each of the natural children by legal fiction shall consist of one-half of the legitime of each of the legitimate children or descendants.
xxx
“The legitime of the illegitimate children shall be taken from the portion of the estate at the free disposal of the testator, provided that in no case shall the legitime of such illegitimate children exceed that free portion, and that the legitime of the surviving spouse must first be fully satisfied.”
From the above quoted provision, your husband’s estate must be divided as follows: (i) one-half of the estate will go to your only child in accordance to Article 888; (ii) one-fourth of the estate will go to you, the surviving spouse, in accordance with Article 892; and (iii) your husband’s illegitimate children will each get one-eight portion of the estate in accordance with Article 895. As a general rule, illegitimate children get one-half of the share of a legitimate child. However, Article 895 of the Civil Code also specifically provides that “the legitime of the surviving spouse must first be fully satisfied” before the share of the illegitimate children can be given. Considering that only one-fourth of the estate is left after you and your son’s legitimes have been set aside, only the remaining one-fourth of the estate will be divided between the two illegitimate children giving them each a share of one-eight of the estate. Thus, when you next discuss how to divide the estate left by your husband with his partner, you may propose the aforementioned division which is in accordance with law.
We hope that we were able to answer your queries. This advice is based solely on the facts you have narrated and our appreciation of the same. Our opinion may vary when other facts are changed or elaborated.
Editor’s note: Dear PAO is a daily column of the Public Attorney’s Office. Questions for Chief Acosta may be sent to dearpao@manilatimes.net
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