SHARING OF ESTATE WITH AN ILLEGITIMATE CHILD

Dear PAO,

My husband passed away last month leaving me, his daughter out of wedlock from his college girlfriend,
and his parents. We don’t have any children of our own and I’ve raised my stepdaughter as my own. My
husband didn’t leave a last will and testament. So, I thought of executing an extrajudicial settlement of
estate and to equally divide my husband’s properties among the four of us, specifically, me, my
stepdaughter and my husband’s parents. However, before executing the document, I want to be certain
that I am giving what is just and legal to my stepdaughter and in-laws. Please let me know if the sharing
that I intend to make is in accordance with the law. Thank you.

Ellaine

Dear Ellaine,

Article 1000 of the Civil Code of the Philippines provides that “if legitimate ascendants, the surviving
spouse, and illegitimate children are left, the ascendants shall be entitled to one-half of the inheritance,
and the other half shall be divided between the surviving spouse and the illegitimate children so that
such widow or widower shall have one-fourth of the estate, and the illegitimate children the other
fourth.”

Since both of your husband’s parents are alive, he was survived by his ascendants who are entitled to
one-half (1/2) of his estate. In other words, each of your husband’s parents gets one-fourth (1/4) share
in the estate that he left. Further, the law also provides that as the surviving spouse, you are entitled to
one-fourth (1/4) of the estate. Lastly, the remaining one-fourth of the estate will be left to your
husband’s illegitimate children. Since he only left one illegitimate child, the entire one-fourth (1/4) share
in the estate will be left to your stepdaughter.

In conclusion, each of you gets one-fourth (1/4) share in the estate left by your now deceased husband.
Thus, the sharing that you intend to make in the extrajudicial settlement is in accordance with the rules
on succession as provided in the Civil Code of the Philippines.