Legitimate vs Illegitimate Child: Rights Compared

The Family Code first says that filiation may be by nature or by adoption, and that "Natural filiation may be legitimate or illegitimate" (Article 163). Then:

The words "conceived or born" in Article 164 mean that a child conceived before the wedding but born during the marriage is legitimate. "Unless otherwise provided" in Article 165 refers to the Code's own exceptions. One of them is legitimation: under Article 177, as amended by Republic Act No. 9858, a child conceived and born outside wedlock of parents who could marry each other at the time of conception, or who were disqualified only because one or both were below eighteen, may be legitimated by the parents' later valid marriage (Article 178). See legitimation.

Article 174 lists the rights of legitimate children: to bear the surnames of the father and the mother, to receive support from their parents, ascendants and, in proper cases, brothers and sisters, and to the legitime and other successional rights given by the Civil Code. For illegitimate children, the rule is in Article 176:

The same article ends with the inheritance rule: "The legitime of each illegitimate child shall consist of one-half of the legitime of a legitimate child."

Under Article 888 of the Civil Code, the legitime of legitimate children and descendants is one-half of the estate of the father and of the mother. Under Article 176 of the Family Code, each illegitimate child receives half the legitime of one legitimate child.

Article 887 of the Civil Code still lists "Acknowledged natural children, and natural children by legal fiction" and "Other illegitimate children" as separate compulsory heirs, and Article 895 gives them different shares. The Family Code no longer uses those classes and sets the share at one-half for every illegitimate child. This page does not cover children born before the Family Code took effect. For the shares in different family situations, see the legitime shares table and inheritance rights of an illegitimate child.

Article 172 sets the proof for legitimate children, and Article 175 applies the same proof to illegitimate children. There are two levels:

1. First paragraph: the record of birth in the civil register, a final judgment, or an admission of filiation in a public document or a private handwritten instrument signed by the parent.
2. Second paragraph, only when the first kind of proof is missing: open and continuous possession of the status of a child, or any other means allowed by the Rules of Court and special laws.

The time limit is where the two kinds of children differ:

In Ara v. Pizarro (2017), the Supreme Court agreed with the Court of Appeals on this rule: "If filiation is sought to be proved under the second paragraph of Article 172 of the Family Code, the action must be brought during the lifetime of the alleged parent." It explained that the limit protects "other children, legitimate and illegitimate, whose statuses are supported by strong evidence of a categorical nature." See how to prove paternity and can a child claim filiation after the father dies?

Both kinds of children have a right to support. Article 195 lists, among those obliged to support each other, "Parents and their legitimate children and the legitimate and illegitimate children of the latter" and "Parents and their illegitimate children and the legitimate and illegitimate children of the latter". The Family Code sets no fixed amount: support depends on the means of the giver and the needs of the recipient. See how much is child support?

These are made-up examples to show how the rules work. They are not advice for any real case.

Mika was born to parents who are not married to each other. Her father signed her birth record acknowledging her. She is illegitimate, may use her father's surname under Article 176, is under her mother's parental authority, and has a right to support from both parents.

Paolo was conceived before his parents' wedding and born four months after it. He was born during the marriage, so under Article 164 he is legitimate.

Jomar's father never signed his birth record, but wrote and signed a letter calling him "my son". After the father's death, Jomar may still rely on that handwritten letter, which falls under the first paragraph of Article 172. If he had only photos and the testimony of neighbors, the claim would have had to be filed while his father was alive.

See also the topic page on parents and children.

Talk to a lawyer if a child's filiation is denied, if you need to claim support or an inheritance share, or if the alleged parent has died. The kind of proof available decides which deadline applies, and some claims can no longer be filed after the parent's death. If you cannot afford a lawyer, see Free legal help in the Philippines for the Public Attorney's Office (PAO) and other options.