Compulsory Heir: Meaning in Philippine Law
Quick answer
A compulsory heir is a relative whom the law protects with a reserved share of the estate, called the legitime. A will cannot take that share away, except by disinheritance for a legal cause. The compulsory heirs are the legitimate children and descendants, the legitimate parents and ascendants (only if there are no legitimate children or descendants), the surviving spouse and the illegitimate children.
Who are the compulsory heirs?
Article 887 of the Civil Code lists them:
The following are compulsory heirs: (1) Legitimate children and descendants, with respect to their legitimate parents and ascendants; (2) In default of the foregoing, legitimate parents and ascendants, with respect to their legitimate children and descendants; (3) The widow or widower;
Items (4) and (5) of the article name illegitimate children, using the classes of the 1949 Code. The article adds that the spouse and illegitimate children are not excluded by the legitimate children or parents, and that "In all cases of illegitimate children, their filiation must be duly proved."
How much do illegitimate children get under the Family Code?
Article 887 must be read together with the Family Code. The share of illegitimate children is set by Article 176 of the Family Code, as amended by Republic Act No. 9255: "The legitime of each illegitimate child shall consist of one-half of the legitime of a legitimate child." See Can an illegitimate child inherit?.
What protection do compulsory heirs have?
- The testator cannot deprive them of their legitime, except in cases expressly specified by law (Article 904).
- Disinheritance is possible only through a will that states the legal cause (Article 916). See Can parents disinherit a child?.
- If a will leaves out a compulsory heir in the direct line, this is preterition, which annuls the institution of heir, while devises and legacies stay valid insofar as they are not inofficious (Article 854).
Example
Made-up illustration: Pedro, a widower, leaves two legitimate children and a daughter outside marriage, Liza, whose filiation is proved. His brother Tomas helped him for years. Pedro's two legitimate children and Liza are compulsory heirs. Tomas is not, so he receives something only if Pedro's will gives him part of the free portion. For how the shares are computed, see Legitime shares in the Philippines and Article 888.
Which provisions use this term?
Frequently asked questions
Who are the compulsory heirs in the Philippines?
Under Article 887 of the Civil Code: legitimate children and descendants; legitimate parents and ascendants, but only if there are no legitimate children or descendants; the widow or widower; and illegitimate children.
Are brothers and sisters compulsory heirs?
No. Brothers and sisters are not in the Article 887 list, so a will can leave them nothing. They may inherit when there is no will, under the rules on intestate succession.
Do illegitimate children have a legitime?
Yes, if their filiation is duly proved (Article 887). Under Family Code Article 176, as amended by RA 9255, the legitime of each illegitimate child is one-half of the legitime of a legitimate child.
Can a will take away a compulsory heir's legitime?
Only in cases expressly specified by law (Article 904), such as disinheritance made in a will that states a legal cause (Article 916). Leaving out a compulsory heir in the direct line is preterition, which annuls the institution of heir (Article 854). A lawyer should review such a will.
General information, not legal advice. For your case, ask a lawyer, the Public Attorney's Office (PAO) or the agency.
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