Who are the compulsory heirs under Philippine law?

Answer

Compulsory heirs are the persons a testator cannot deprive of their inheritance without a valid cause; the law reserves a portion of the estate — the legitime — for them (Civil Code Article 886). Under Article 887 they are: legitimate children and descendants; in their default, legitimate parents and ascendants; the surviving spouse; and illegitimate (nonmarital) children.

The surviving spouse and illegitimate children concur with — they do not exclude — the legitimate children or ascendants. Legitimate parents and ascendants inherit as compulsory heirs only when the decedent leaves no legitimate children or descendants.

Sources & further reading

• Civil Code Art. 886 — the legitime
• Civil Code Art. 887 — compulsory heirs
• Full report: legitime & compulsory heirs

Cases on this topic

• Cembrano v. Gonzalez
• Jimenez v. Bautista
• Ventura v. Ventura

Related questions

• What is the legitime of a child in the Philippines?