01/11/2024
Under Philippine law, illegitimate children have recognized inheritance rights, though these are not equal to those of legitimate children. In the scenario where Jack, the deceased, is survived by his legal wife Shenna, legitimate child Shanty, and illegitimate child John, the distribution of Jack's estate would proceed as follows:
1. Inheritance Shares:
Legitimate Child (Shanty): Entitled to a full share of the estate.
Illegitimate Child (John): Entitled to half the share of a legitimate child. This means John's share is 50% of Shanty's share.
Surviving Spouse (Shenna): Entitled to a share equal to that of a legitimate child.
2. Distribution Example:
Assuming Jack's estate is valued at ₱1,200,000:
Total Shares: The estate is divided into portions based on the shares of the heirs.
Shenna (Spouse): 1 share
Shanty (Legitimate Child): 1 share
John (Illegitimate Child): 0.5 share
Total Shares: 2.5 shares
Value per Share: ₱1,200,000 ÷ 2.5 shares = ₱480,000 per share
Individual Inheritances:
Shenna: ₱480,000
Shanty: ₱480,000
John: ₱240,000 (half of ₱480,000)
3. Legal Basis:
The Civil Code of the Philippines outlines these provisions:
Article 895: Specifies that the legitime of each illegitimate child is half of that of a legitimate child.
Article 999: States that when the deceased is survived by a spouse, legitimate children, and illegitimate children, the surviving spouse's share is equal to that of a legitimate child, and each illegitimate child's share is half of a legitimate child's share.
4. Important Considerations:
Acknowledgment: For John to claim his inheritance, he must be legally acknowledged by Jack as his son. This acknowledgment can be through the birth certificate, a public document, or a court decision.
No Inheritance from Relatives: Illegitimate children do not have the right to inherit from the legitimate relatives of their parents, such as grandparents or siblings, unless expressly stated in a will.
