If the testator leaves behind his parents, spouse and illegitimate children, the parents receive half (1/2), the surviving spouse a quarter (1/4) and the illegitimate children a quarter (1/4) of the estate. Next, let`s look at what the law says about illegitimate children. This is where most misunderstandings arise (“Anak ka lang sa labas, wala kang mana!”). Can an illegitimate child born on or after August 3, 1988 bear the father`s surname if the father has made an affidavit of paternity? Under Republic Act No. 9255, “A Law Enabling Illegitimate Children to Use the Father`s Surname, Amendment to the Family Code of the Philippines,” an illegitimate child may use his or her father`s surname if it is confirmed on the back of the Certificate of Live Birth (COLB) or in a separate public instrument (the Affidavit of Paternity or AAP) or in a Private Handwritten Certificate (PHI). The law allows the child to use his or her father`s surname, but does not change the child`s status from illegitimate to legitimate. Section 163 of the Philippine Family Code provides that the natural parentage of children may be legitimate or illegitimate. Children conceived or born during the parents` marriage are legitimate [article 164 of the Family Code]. Conversely, children conceived AND born out of wedlock are illegitimate [Article 165 of the Family Code]. The Family Code eliminated the different classification of illegitimate children as natural or false children. The four living children can proceed with the division because, according to article 992, the illegitimate grandchild cannot inherit from the grandmother. In the end, the Supreme Court ruled that he could only apply the law.
Unless Section 992 is repealed or amended by Congress, the Iron Curtain Rule prohibits illegitimate children from inheriting from their grandmother as a substitute. I hope the article could help you, but chances are you have more questions about estate settlement. Please check out this additional resource and see if it can help you. For more information, see info.legalguide.ph/estate. IMPORTANT: A child born in wedlock is considered the child of the mother`s legal spouse. Under Philippine law, a child is considered legitimate, although the mother may have declared against his or her legitimacy. Only if the child`s legitimacy is successfully challenged by the right parties can the alleged father, who is not the legal husband, recognize the child on the back of the child`s COLB or in a separate written document. In all cases of illegitimate children, their filiation must be duly proved. Illegitimate children born on or after 3 August 1988 must bear the mother`s surname. (Section 1 of OCRG Circular No. 4 of 11 October 1988).
A will must be prepared if a grandparent wants to ensure that these grandchildren can inherit from her. The will must determine their inheritance while respecting the mandatory shares that the law reserves for the other heirs. This means that the four surviving children do not have to take legal action to force the illegitimate grandchild to be bound by a settlement of the estate. If a widow or widower survives with illegitimate children, that widow or widower is entitled to half of the inheritance and the illegitimate children or their descendants, legitimate or illegitimate, to the other half [Article 998 of the Civil Code]. The Supreme Court ruled in favour of Felisa. He ruled that Pablo`s illegitimate children could not inherit from their grandmother Simona. By asking your parents to legally adopt you, the relationship between the two of you becomes one from one parent to a legitimate child in the eyes of the law. Therefore, you have the same rights as a legitimate child. To learn more about this process, click here.
Accordingly, children should bear their father`s surname or surname for the purposes of registration, unless the law is amended to reflect the alleged tradition or practice. (Opinion No. 112, 1985 series, of the Minister of Justice, Estelto P. Mendoza) A child had died before her, but he left behind an illegitimate son. The father or mother of illegitimate children of the three classes mentioned shall inherit from them in the manner and to the extent provided for in this Code. The father of an illegitimate child who wishes to have his name indicated in item 13 of the live birth certificate must issue an affidavit of acknowledgment of paternity in lieu of the affidavit. The affidavit of acknowledgement of paternity is only for maintenance and succession and does not give the illegitimate child the right to use his father`s surname. (§ 2 of OCRG Circular No. 4 of 11 October 1988) Since the grandchild is illegitimate, he cannot inherit from his grandmother in the name of his deceased father. This article deals with the inheritance rights of illegitimate children. Being an illegitimate child has legal disadvantages Children conceived and born of a valid marriage are illegitimate, unless otherwise provided in the Family Code (art. 165, F.C.) The private handwritten deed (PHI) is an act duly signed by him in the hand of the father, in which he expressly acknowledges the paternity of the child during his lifetime.
