heir and heiress

[nadine eidloth]

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unsa mga legal rights sa usa ka illigitimate child sa properties sa papa or kanang child sa imo ex husband or ex wife. let say naa mo anak then nagminyo mo ug usab unsa mga legal rights sa child sa properties?

[junmar4]

unsa mga legal rights sa usa ka illigitimate child sa properties sa papa or kanang child sa imo ex husband or ex wife. let say naa mo anak then nagminyo mo ug usab unsa mga legal rights sa child sa properties?

first of all, illegitimate na siya.

Who are illegitimate children?
Children conceived and born out a valid marriage are illegitimate, unless otherwise provided in the Family Code (Art. 165, F.C.)

Who are considered illegitimate children?

The following are illegitimate children :

1. Children born to couples who are not legally married or of common-law marriages;
2. Children born of incestuous marriages;
3. Children born of bigamous marriages;
4. Children born of adulterous relations between parents;
5. Children born of marriages void for reason of public policy under Art. 38 of the Family Code;
6. Children born of couples below 18, whether they are married (which married is void) or not; and,
7. Children born of other void marriages under Art. 15 unless otherwise provided. (OCRG Cir. No. 89-13 dated July 17, 1989)

Family Code
Chapter 3. Illegitimate Children

Art. 175. Illegitimate children may establish their illegitimate filiation in the same way and on the same evidence as legitimate children.

The action must be brought within the same period specified in Article 173, except when the action is based on the second paragraph of Article 172, in which case the action may be brought during the lifetime of the alleged parent. (289a)

Art. 176. Illegitimate children shall use the surname and shall be under the parental authority of their mother, and shall be entitled to support in conformity with this Code. The legitime of each illegitimate child shall consist of one-half of the legitime of a legitimate child. Except for this modification, all other provisions in the Civil Code governing successional rights shall remain in force. (287a)

SUBSECTION 3. - Illegitimate Children

Art. 988. In the absence of legitimate descendants or ascendants, the illegitimate children shall succeed to the entire estate of the deceased. (939a)

Art. 989. If, together with illegitimate children, there should survive descendants of another illegitimate child who is dead, the former shall succeed in their own right and the latter by right of representation. (940a)

Art. 990. The hereditary rights granted by the two preceding articles to illegitimate children shall be transmitted upon their death to their descendants, who shall inherit by right of representation from their deceased grandparent. (941a)

Art. 991. If legitimate ascendants are left, the illegitimate children shall divide the inheritance with them, taking one-half of the estate, whatever be the number of the ascendants or of the illegitimate children. (942-841a)

Art. 992. An illegitimate child has no right to inherit ab intestato from the legitimate children and relatives of his father or mother; nor shall such children or relatives inherit in the same manner from the illegitimate child. (943a)

Art. 993. If an illegitimate child should die without issue, either legitimate or illegitimate, his father or mother shall succeed to his entire estate; and if the child's filiation is duly proved as to both parents, who are both living, they shall inherit from him share and share alike. (944)

Art. 994. In default of the father or mother, an illegitimate child shall be succeeded by his or her surviving spouse who shall be entitled to the entire estate.

If the widow or widower should survive with brothers and sisters, nephews and nieces, she or he shall inherit one-half of the estate, and the latter the other half. (945a)