Dear PAO,

When my mother learned that my father has a child with another woman, she and my father agreed to transfer all their properties to me and my two siblings. If all the properties were transferred in our names, will my father’s illegitimate child still have a share in my father’s properties as inheritance? If my father made a last will and testament and gave more to his illegitimate child than he is entitled to receive under the law, will this be followed?

John

Dear John,

We understand your mother’s protective gesture in wanting to transfer to you and your siblings all of their properties at this moment. More than being hurt by the fact that her husband sired another child with another woman during the existence of their marriage, she is more concerned of its effects to you and your siblings.

The relationship between your father and the mother of their illegitimate child is frowned upon by our laws but the innocent child who was brought into this world because of such forbidden relationship is afforded by our laws with certain rights. An illegitimate child who is duly acknowledged by his father will have the right to use the surname of his father, the right to support and the right to inherit through succession. Once your father recognized his illegitimate child, he will be considered as the compulsory heir of your father (Article 887, Civil Code of the Philippines). He will be legally entitled to receive from your father an inheritance which is equivalent to one-half of the legal share of each of your father’s legitimate children (Article 895, ibid.). Because his right to inherit is specifically granted by our law, he may only be deprived of the same through disinheritance for causes expressly stated by law. Hence, without being validly disinherited, he may still be able to get his inheritance from your father even if all the properties of your father were transferred in your names. This transfer will only be considered as an advance to your legitimes. These will be collated or brought into the mass of the estate of your father upon his death so that it may be computed in the determination of the legitime of each heir (Article 1061, ibid.). Consequently, the properties that you received will be proportionately reduced to satisfy your father’s illegitimate child’s share in the inheritance.

As regards your second question, your father may give to his illegitimate child more than what he is entitled to receive under the law as long as the legitimes of his other compulsory heirs will not be impaired thereby. If your father made a will and gave to his illegitimate child an inheritance in addition to his legal share, this will not be invalidated provided that his estate is big enough to cover this and the legitimes of his legitimate children and his other compulsory heirs. On the other hand, if your legitimes will be impaired because of such additional inheritance, it will be reduced or invalidated so as to fully cover your respective shares.

Please be reminded that this opinion is solely based on your narration of facts and our appreciation of the same. The opinion may vary if other facts are added or elaborated.

We hope that we were able to address your concern.

Editor’s note: Dear PAO is a daily column of the Public Attorney’s Office. Questions for Chief Acosta may be sent to This e-mail address is being protected from spambots. You need JavaScript enabled to view it. .