Laws On Succession in The Philippines

LAWS ON SUCCESSION
(IN THE PHILIPPINES)

BRIEF DISCUSSION
What is Succession?
A: Succession 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 operation of law.
The inheritance includes all

 the property,
 rights and
 obligations of a person
which are not extinguished by his death.
Succession may be:

(1) Testamentary;
(2) Legal or intestate; or
(3) Mixed. (n)
What is Testamentary Succession?

A: The designation of an heir through a Will (made in the format prescribed
by law)
What is Intestate Succession?

A: When a person dies without a will, the distribution of his estate is done in
accordance with the rules provided under our laws.
What is Mixed Succession?

A: Partly by Will, partly by operation on law.
Can a person give everything he owns to whomever he chooses?

A: No. Because there is what we call a Legitime.
What is a Legitime?
A: Legitime is that part of the testator's property which he cannot dispose of
because the law has reserved it for certain heirs who are, therefore, called
compulsory heirs.
Who are considered compulsory heirs?
A: The following are compulsory heirs:

(1) Legitimate children and descendants, with respect to their legitimate
parents and ascendants;
(2) In default of the foregoing, legitimate parents and ascendants, with

respect to their legitimate children and descendants;
(3) The widow or widower;
(4) Acknowledged natural children, and natural children by legal fiction
By legal fiction:
 children conceived or born of marriages that are void from the

beginning
 conceived after the annulment of voidable marriages
Note: They are entitled to support and proportionate inheritance,

among others
(5) Other illegitimate children referred to in Article 287.
Compulsory heirs mentioned in Nos. 3, 4, and 5 are not excluded by those

in Nos. 1 and 2; neither do they exclude one another.
In all cases of illegitimate children, their filiation must be duly proved.
The father or mother of illegitimate children of the three classes mentioned,

shall inherit from them in the manner and to the extent established by this
Code. (807a)
What are the respective legitimes of the compulsory heirs?

A:
1. Legitimate children and descendants – ½ of the hereditary estate of
the father and of the mother, who may freely dispose of the remaining
half, subject to the rights of illegitimate children and of the surviving
spouse as hereinafter provided.
2. Legitimate parents or ascendants – ½ of the hereditary estates of

their children and descendants, who may freely dispose of the other
half, subject to the rights of illegitimate children and of the surviving
spouse as hereinafter provided.
3. The surviving spouse is entitled to 1/4 of the hereditary estate if

there is only one legitimate child. With two or more legitimate
children, he or she is entitled to a portion equal to the legitime of a
legitimate child. The legitime of the surviving spouse is taken from the
free portion of the estate.
4. The legitime of illegitimate children is taken from the free portion of

the hereditary estate, provided that this does not exceed the free
portion. The Family Code of the Philippines provides that the
legitime of each illegitimate child is 1/2 that of a legitimate child.
We will focus on INTESTATE SUCCESSION.
Who are entitled to inherit?

A:
1. legitimate and illegitimate relatives of the deceased,
2. the surviving spouse, and
3. the State.
Note: In every inheritance, the relative nearest in degree excludes the

more distant ones, saving the right of representation when it
properly takes place.
What is the Order of Intestate Succession?

A:
1. Descending Direct Line –
 legitimate children,
 adopted children,
 illegitimate children
2. Ascending Direct Line
 parents
 ascendants, to the exclusion of collateral relatives.
Who are considered illegitimate children?

A: Born to parents who are not married at the time of his birth (even if
married later). Also called “bastards” or “natural child”
Illegitimate children are generally classified into two groups:
1. Natural,whether actual or by fiction, were those born outside of lawful

wedlock of parents who, at that time of conception of the child were
not qualified by the impediment to many each other.
2. Spurious, whether incestuous, adulterous or illicit.
Note: illegitimate child’s right to support shall only arise if he was

recognized by his father as his illegitimate child.
Ways of proving illegitimate filiation:

1) record of birth appearing in the civil register (Affidavit of
Acknowledgment/ Admission of Paternity found at the back of his birth
certificate) or a final judgment (petition for compulsory recognition and
support); and
2) an admission of illegitimate filiation in a public document or a private
handwritten instrument and signed by the parent concerned.
In the absence of the foregoing evidence, illegitimate filiation shall be

proved by:
1) open and continuous possession of the status of a legitimate child; or
2) any other means allowed by the Rules of Court and special laws (Article
172, Family Code of the Philippines).
Rights of Illegitimate Children:
1. Right to Support;
2. A recognized illegitimate child shall also have the right to use the
surname of his father (Section 1, RA 9255),
3. Right to inherit through succession
In succession, illegitimate children has the following rights:
1. In the absence of legitimate descendants or ascendants, the

illegitimate children shall succeed to the entire estate of the
deceased;
2. If legitimate ascendants are left:
 ½ illegitimate children
 ½ ascendants
3. An illegitimate child cannot inherit through intestate succession from

the legitimate children, and relatives of his father or mother; nor shall
such children or relatives inherit in the same manner from the
illegitimate child. (943a)
4. If an illegitimate child should die without heir, his father or mother

shall succeed to his entire estate; or both.
5. In default of the father or mother, an illegitimate child shall be

succeeded by his or her surviving spouse who shall be entitled to the
entire estate.
6. If the widow or widower should survive with brothers and sisters,

nephews and nieces, she or he shall inherit one-half of the estate,
and the latter the other half. (945a)
Notes:
Child support is an issue that unmarried mothers have to face when the
child is born out of wedlock. It is often difficult to chase after fathers who
have abandoned children to avoid responsibility.
In general, children born outside a valid marriage is referred to as

illegitimate children, but there are other reasons for illegitimacy.
1. Children born of couples below 18, regardless of the existence of

marriage;
2. Children born of incestuous marriages;
3. Children born of adulterous relations between parents;
4. Children born of other void marriages specified under Article 15;
5. Children born of bigamous marriages.
Two Types of Illegitimate Children
1. Recognized illegitimate child: This is the child that the father

recognizes or acknowledges. The child is also allowed to use the
father's surname.
Note: The father can recognize the filiation through: admission made
in a public document, admission made in a private handwritten
document and father's recognition through the record of birth
appearing in the civil register.
2. Unrecognized illegitimate child:The child is not recognized by his

biological father and has to use the mother's surname.
While recognized illegitimate children are entitled to the father's

support, the unrecognized child may only get support from the father
if the relationship between the child and the father is proven.
"Chapter 3. Illegitimate Children
Art. 175. Illegitimate children may establish their illegitimate filiation in the
same way and on the same evidence as legitimate children.
The action must be brought within the same period specified in Article 173,
except when the action is based on the second paragraph of Article 172, in
which case the action may be brought during the lifetime of the alleged
parent. (289a)
Art. 176. Illegitimate children shall use the surname and shall be under the
parental authority of their mother, and shall be entitled to support in
conformity with this Code. The legitime of each illegitimate child shall
consist of one-half of the legitime of a legitimate child. Except for this
modification, all other provisions in the Civil Code governing successional
rights shall remain in force. (287a)

Q&A
1. Ano status and rights ng children pag nagpa annul ang parents?
A: Illegitimate – they are considered considered natural children by legal
fiction.
2. Say a couple married but both have children from previously

annulled marriages. Ano status and rights nung mga children from
previous marriages sa current properties nila?
A: Children from annulled marriages are considered natural children by

legal fiction, and are still compulsory heirs.
“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.
3. If couple with children got annulled in the phils, but they remarried
to other people in the US. They have properties in the phils. New
spouse in the US have children but based in US, pano rights sa
properties in the phils?
4. Ano pwede gawin ng legitimate children to make sure that the

properties of their parents go to them and not to illegitimate?
A: The illegitimate children are also compulsory heirs, and have rights to
succession. They are entitled to half of the share a legitimate child.
5. Until when pwede magclaim ng inheritance ang illegitimate

children. For example, di alam ng legitimate children about existence
of illegitemate. Hanggang kelan pwede maghabol ang illegitemate?
6. Ano pwede gawin ng parent kung gusto niya equal ang hatian sa
properties ng lahat ng children, regardless of status?
A: Make a will. The testator can divide the free portion to those who receive
less in accordance to their legitime. So for example, a testator who has on
legitimate child, one illegitimate child. The legitime of the illegitimate child is
only half of the legitimate child, so the testator can write in his will to give
extra share to the illegitimate child, from the free portion of his estate, to
even out their shares.

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LAWS ON SUCCESSION

(IN THE PHILIPPINES)

A: Succession is a mode of acquisition by virtue of which the property,

The inheritance includes all

Succession may be:

What is Testamentary Succession?

What is Intestate Succession?

What is Mixed Succession?

Can a person give everything he owns to whomever he chooses?

Who are considered compulsory heirs?

A: The following are compulsory heirs:

(2) In default of the foregoing, legitimate parents and ascendants, with

(3) The widow or widower;

(4) Acknowledged natural children, and natural children by legal fiction

 children conceived or born of marriages that are void from the

Note: They are entitled to support and proportionate inheritance,

(5) Other illegitimate children referred to in Article 287.

Compulsory heirs mentioned in Nos. 3, 4, and 5 are not excluded by those

In all cases of illegitimate children, their filiation must be duly proved.

The father or mother of illegitimate children of the three classes mentioned,

What are the respective legitimes of the compulsory heirs?

2. Legitimate parents or ascendants – ½ of the hereditary estates of

3. The surviving spouse is entitled to 1/4 of the hereditary estate if

4. The legitime of illegitimate children is taken from the free portion of

We will focus on INTESTATE SUCCESSION.

Who are entitled to inherit?

Note: In every inheritance, the relative nearest in degree excludes the

What is the Order of Intestate Succession?

Who are considered illegitimate children?

Illegitimate children are generally classified into two groups:

1. Natural,whether actual or by fiction, were those born outside of lawful

2. Spurious, whether incestuous, adulterous or illicit.

Note: illegitimate child’s right to support shall only arise if he was

Ways of proving illegitimate filiation:

In the absence of the foregoing evidence, illegitimate filiation shall be

Rights of Illegitimate Children:

1. In the absence of legitimate descendants or ascendants, the

2. If legitimate ascendants are left:

3. An illegitimate child cannot inherit through intestate succession from

4. If an illegitimate child should die without heir, his father or mother

5. In default of the father or mother, an illegitimate child shall be

6. If the widow or widower should survive with brothers and sisters,

In general, children born outside a valid marriage is referred to as

1. Children born of couples below 18, regardless of the existence of

Two Types of Illegitimate Children

1. Recognized illegitimate child: This is the child that the father

2. Unrecognized illegitimate child:The child is not recognized by his

While recognized illegitimate children are entitled to the father's

"Chapter 3. Illegitimate Children

2. Say a couple married but both have children from previously

A: Children from annulled marriages are considered natural children by

4. Ano pwede gawin ng legitimate children to make sure that the

5. Until when pwede magclaim ng inheritance ang illegitimate

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