Who are compulsory heirs under Philippine law?

 Introduction

In the Philippines, the law of succession is governed by the Civil Code of the Philippines, specifically its provisions on the distribution of a deceased person’s estate. A significant element of this law is the concept of compulsory heirs—individuals who are entitled to a portion of the decedent's estate, known as the legitime, by operation of law. These heirs have a protected right to inherit, and a testator (the person who leaves a will) cannot disinherit them without just cause.

This article explores the legal framework surrounding compulsory heirs in the Philippines, focusing on who they are, their rights, and how the estate is divided among them.

 Definition of Compulsory Heirs

Compulsory heirs are individuals who are entitled to a fixed portion of the deceased’s estate, regardless of the testator’s wishes. They have a legal right to a share of the estate, and this share is called the legitime. This portion of the estate is reserved by law and cannot be freely disposed of by the testator in their will.

Under Article 887 of the Civil Code of the Philippines, compulsory heirs include:

1. Legitimate children and their descendants.

2. Legitimate parents and ascendants.

3. The surviving spouse.

4. Illegitimate children.

 Categories of Compulsory Heirs

Compulsory heirs are categorized into primary, secondary, and concurring heirs based on their relationship to the deceased and their entitlement to the legitime.

1. Primary Compulsory Heirs:

   - These heirs take precedence over all other heirs in inheritance. They include:

     - Legitimate children and descendants: Legitimate children are the first in line to inherit. If the legitimate children predecease the testator, their descendants (grandchildren) inherit by representation.

     - Illegitimate children: Although they have fewer rights than legitimate children, illegitimate children are still entitled to inherit. However, their share is smaller compared to that of legitimate children.

2. Secondary Compulsory Heirs:

   - These heirs inherit if the primary compulsory heirs do not exist or have already passed away. They include:

     - Legitimate parents and ascendants: If the decedent has no legitimate children or descendants, the legitimate parents or ascendants (e.g., grandparents) inherit as compulsory heirs.

3. Concurring Compulsory Heirs:

   - These heirs inherit alongside the primary or secondary heirs. They include:

     - The surviving spouse: The surviving spouse always inherits a share of the estate, regardless of the existence of legitimate or illegitimate children or ascendants. The surviving spouse’s share is discussed further below.

 Legitimate and Illegitimate Children: Their Rights and Shares

Legitimate children are those born within a valid marriage, while illegitimate children are born outside of wedlock. Both have the right to inherit, but their shares differ:

- Legitimate Children: Under Article 888 of the Civil Code, legitimate children are entitled to half of the total estate as their legitime. This portion is divided equally among all legitimate children.

- Illegitimate Children: As per Article 895, illegitimate children are entitled to one-half of the share that a legitimate child would receive. Although they are recognized as heirs, their right to inherit is limited compared to that of legitimate children.

 Share of the Surviving Spouse

The surviving spouse always has a right to inherit, but the size of their share depends on the presence of other compulsory heirs:

1. If there are legitimate children: The surviving spouse is entitled to the same share as each of the legitimate children.

2. If there are no legitimate children but there are illegitimate children: The surviving spouse is entitled to one-third of the estate, while the illegitimate children are entitled to two-thirds, divided among them.

3. If there are no children (legitimate or illegitimate): The surviving spouse shares the estate with the legitimate parents or ascendants, receiving half of the estate, with the other half going to the legitimate parents or ascendants.

 Share of Legitimate Parents or Ascendants

Legitimate parents or ascendants inherit only in the absence of legitimate children or descendants. If they inherit alongside the surviving spouse, they are entitled to one-half of the estate, while the other half goes to the surviving spouse.

If there are no other heirs (legitimate or illegitimate children and surviving spouse), legitimate ascendants inherit the entire estate.

 Order of Preference Among Compulsory Heirs

The distribution of the estate follows a specific order of preference, depending on which compulsory heirs survive the decedent:

1. Legitimate children and descendants are prioritized over all other heirs.

2. In the absence of legitimate children or descendants, legitimate parents and ascendants inherit.

3. The surviving spouse always inherits, regardless of the existence of other heirs, but their share varies.

4. Illegitimate children inherit a portion but always receive less than legitimate children.

 The Legitime: Protected Share of Compulsory Heirs

The legitime refers to the portion of the estate that must go to the compulsory heirs, as prescribed by law. The testator cannot freely dispose of this portion in their will. If the testator fails to provide for the compulsory heirs in the will or reduces their legitime, the law will enforce the compulsory heirs’ right to claim their share.

The computation of the legitime varies depending on the combination of heirs who survive the decedent. For example:

- If the decedent is survived by legitimate children, half of the estate is reserved as their legitime.

- If the decedent is survived by the surviving spouse and legitimate parents, each is entitled to half of the estate, to be divided equally.

 Rights of Compulsory Heirs

The rights of compulsory heirs are protected by the Civil Code, and these rights include:

1. Right to the Legitime: Compulsory heirs cannot be deprived of their legitime unless there is a valid ground for disinheritance. Even if the testator fails to mention them in the will, they are entitled to their share by law.

2. Right to Representation: If a compulsory heir predeceases the testator, their descendants can inherit in their place through representation. For example, if a legitimate child dies before the testator, their children (the decedent’s grandchildren) inherit the share of the deceased child.

3. Right to Contest the Will: If a compulsory heir believes that their legitime has been unjustly diminished or omitted, they have the right to contest the will in court to claim their rightful share.

 Disinheritance of Compulsory Heirs

While compulsory heirs generally cannot be deprived of their inheritance, they may be disinherited under certain circumstances, as outlined in Articles 915 to 922 of the Civil Code. Disinheritance must be based on legally prescribed grounds, such as serious insults, refusal to provide support, or acts of violence against the testator. The disinheritance must also be expressly stated in a valid will.

 Conclusion

Compulsory heirs in the Philippines have a legally protected right to inherit a portion of the deceased’s estate. These heirs include legitimate and illegitimate children, legitimate parents or ascendants, and the surviving spouse. Their share, known as the legitime, is reserved by law and cannot be freely disposed of by the testator. The law of succession provides a clear order of preference and rules for the distribution of the estate among these heirs, ensuring their protection.

Understanding the rights of compulsory heirs is crucial for both estate planning and in the resolution of inheritance disputes, as the law seeks to balance the interests of surviving family members while respecting the testator’s wishes within legal bounds

Source: Ziggurat Real Estate