Can an illegitimate child inherit from his or her parents and how is the child’s inheritance computed in the Philippines?
Article 163 of the Family Code of the Philippines states that natural filiation of children may be legitimate or illegitimate. Children conceived or born during the marriage of the parents are legitimate (Article 164) while children conceived and born outside a valid marriage are illegitimate (Article 165).
HERE ARE THE ANSWERS TO SOME OF YOUR QUESTIONS REGARDING THE INHERITANCE OF AN ILLEGITIMATE CHILD IN THE PHILIPPINES:
Can a child born-out of marriage or an illegitimate child entitled to an inheritance from parents?
ANSWER:
Yes, an illegitimated child in entitled and is deemed as a compulsory heir pursuant to Article 887 of the Civil Code of the Philippines.
An illegitimate child can only have the right to inherit if the father acknowledges the child as his in his/her birth certificate.
How much is the inheritance of an illegitimate child? What is the percentage of inheritance of each heir?
ANSWER:
An illegitimate child shall be entitled to one-half (1/2) of the share of a legitimate child [Articles 895 and 983, Civil Code.
Example: If the legitimate child receives 10 million pesos as inheritance to the deceased parent, then the illegitimate child is entitled to only 5 million pesos, half of the value received by the legitimate child.
What are the requirements in claiming the inheritance of an illegitimate child?
An illegitimate child can only have the right to inherit if the father acknowledges the child as his in his/her birth certificate.
