Regarding your question about compulsory heirs under Philippine law:
Compulsory heirs are those entitled by law to a portion of the testator’s estate called the legitime. According to Article 887 of the Civil Code, the following are compulsory heirs:
- Legitimate children and descendants, with respect to their legitimate parents and ascendants. They are considered primary compulsory heirs.
- In default of the foregoing, legitimate parents and ascendants, with respect to their legitimate children and descendants. They are considered secondary compulsory heirs, inheriting only in the absence of legitimate children and descendants.
- The widow or widower. The spouse is a concurring compulsory heir, inheriting with primary or secondary compulsory heirs, and is not in the direct line.
- Acknowledged natural children and natural children by legal fiction. These are now generally referred to as illegitimate children. Illegitimate children and their descendants are primary and concurring compulsory heirs.
- Other illegitimate children referred to in Article 287. This also falls under the category of illegitimate children.
Compulsory heirs mentioned in Nos. 3 and 4 (widow/widower and illegitimate children) are not excluded by those in Nos. 1 and 2 (legitimate children/descendants and legitimate parents/ascendants), nor do they exclude one another.
However, No. 1 excludes No. 2.
In all cases of illegitimate children, their filiation must be duly proven.
English