Dear PAO,
I have an illegitimate son who just died several months ago. He was single and had no child when he died. Although he was recognized, his father never was a father to him.

There was no support of any kind, which was given to my son from the time that he was born up to the time that he finished his studies, as his father abandoned us two months after I gave birth to my son. My question is can the father of my son claim any share from the properties left by him, despite his father’s shortcomings?
Nering

Dear Nering,
Since there was no mention in your letter that your deceased son executed a last will and testament, we will assume that there was none. Therefore, the law on intestate succession shall govern the partition of your son’s estate.

As provided by the New Civil Code of the Philippines, the illegitimate parents of an illegitimate child who dies without issue shall inherit from the latter. This is particularly provided in Article 993 of the said law, to wit:

“Art. 993. If an illegitimate child should die without issue, either legitimate or illegitimate, his father or mother shall succeed to his entire estate; and if the child’s filiation is duly proved as to both parents, who are both living, they shall inherit from his share and share alike.”

As can be gleaned from the afore-quoted provision and considering that your son was not married and had no child when he died, his father has a right to inherit from him, despite the fact that his father abandoned him when he was still a child. Ironic it may seem, but this is what the law says. Therefore, given that you and your son’s father are still alive, the properties mentioned in your letter shall be divided equally between the two of you.

Nevertheless, had your son executed a last will and testament, he could have divested his father the right to inherit from him. The New Civil Code of the Philippines provides for the grounds of disinheritance of parents, to wit:

“Art. 920. The following shall be sufficient causes for the disinheritance of parents or ascendants, whether legitimate or illegitimate:

(1) When the parents have abandoned their children or induced their daughters to live a corrupt or immoral life, or attempted against their virtue;

xxx

(7) The refusal to support the children or descendants without justifiable cause.”

We hope that we were able to answer your queries. Please be reminded that 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.