Unsay rights sa kabit?

[hobie]

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bai if wala ko nasayop, kamoman ang legal family diba, if ma proven ninyo na ang real ug valuable personal properties sa mistress gikan sa money sa imo father, pwede ninyo na ma dispute and ma claim bai.

ang mistress walay makuha gyud pero iya mga anak, imo illegitimate na igsoon naa silay makuha frm the properties sa imo father.

sakto ila advise bai, e klaro ninyo sa lawyer kay complicated kau na esp. naay real property involved.

[quirkychinita]

condolence.

kasabot ko sa imo kay medyo pareho ta ug situation, akong amahan naa sad lain na pamilya ug samot perting ka way batasan sa iyang kabit.

pero sa akong nahibal-an, ang illegitimate child kay protected cya sa law, pero igo ra na dapat cya atimanun sa iyang amahan. but sa mga properties, murag wala na cya labot ana. ang ma demand sa illeg-child kay ang iyang support ra gyud. wala nay lain.

pwede man sad na nimo ma threaten ang kabit, since kabit cya and naa gyud sila anak, pwede na ma file-lan sa imong mama ug adultery, pero murag hasul naman.

thanks sa pagsabot!

Naa nama'y amerikano ang kabit actually that's why dugay na sila way communication sako dad when he was alive. Ang iya pud anak sa gawas kay naa na'y ka relasyon na amerikano ug hapon. ang nag inusara na lalaki kay nay Boyfriend pud na gatrabaho and gapaeskwela niya.

I was just upset and gapanggigil ko nganung apasun manjud nila ang akong papa karon na wala na sya, thus making things more difficult for us. He's gone and samut nila ipakita na property ra ilang apas.

sa karon ga-hilum2 rami and ga-observe unsay next move nila. If they file a case against us then ikiha pud namu ilang mama ug adultery. And frustrated murder para sa isa niya ka anak na hilo-an unta akong papa sauna with a witness.

makaulit!

[kentoy0224]

Hi Iris. I've done a little research into this and this is what i found...

Your father's compulsory heirs are you and his legal wife. When your father died, the legitimes are 1/3 for illegitimate children and 1/3 for the surviving spouse (if recognized). The intestate shares are 1/2 for the illegitimate children and 1/2 for the surviving spouse.

The relevant provisions of the New Civil Code are as follow:

Legitime

Art. 894. If the testator leaves illegitimate children, the surviving spouse shall be entitled to one-third of the hereditary estate of the deceased and the illegitimate children to another third. The remaining third shall be at the free disposal of the testator.

Intestate share

Art. 998. If a widow or widower survives with illegitimate children, such widow or widower shall be entitled to one-half of the inheritance, and the illegitimate children or their descendants, whether legitimate or illegitimate, to the other half.

3. Assuming that your dad’s parents are still alive when he dies, then the proportions are the following: Legitime – illegitimate children1/4, surviving spouse 1/8, and legitimate parents,1/2. On the other hand, intestate shares - illegitimate children 1/4, surviving spouse 1/4, and legitimate parents,1/2.

The relevant provisions of the New Civil Code in this situation are as follow:

Legitime

Art. 899. When the widow or widower survives with legitimate parents or ascendants and with illegitimate children, such surviving spouse shall be entitled to one-eighth of the hereditary estate of the deceased which must be taken from the free portion, and the illegitimate children shall be entitled to one-fourth of the estate which shall be taken also from the disposable portion. The testator may freely dispose of the remaining one-eighth of the estate.

Intestate share

Art. 1000. If legitimate ascendants, the surviving spouse, and illegitimate children are left, the ascendants shall be entitled to one-half of the inheritance, and the other half shall be divided between the surviving spouse and the illegitimate children so that such widow or widower shall have one-fourth of the estate, and the illegitimate children the other fourth.

I hope this helps though. Also I found a resolved case similar to your dilemma. Refer to the link...

G.R. No. L-10010

Also found this...

Inheritance of illegitimate children

Aside from support, inheritance is another issue that is usually the problem of illegitimate children. This all the more becomes a big issue when the putative father failed or intentionally did not recognize the illegitimate child as his own. To make it simple, just remember that the illegitimate child can inherit only from his/her biological father if recognition was voluntarily given or was compelled by the court. If there was no recognition, whether voluntary or compelled, the illegitimate child cannot inherit.
Share of the illegitimate child to the inheritance

Assuming that the illegitimate child was recognized, there are still many situations that can vary the share of an illegitimate child when it comes to inheriting from the biological father. One thing is for sure however, the share of an illegitimate child cannot be equal to the share of a legitimate child. The Civil Code of the Philippines shall apply in determining the rightful share of the the illegitimate child and other pertinent laws shall be treated as supplementary or suppletory when it comes to the issue of inheritance.

Article 895 of the Philippine Civil Code is very clear when the decedent dies leaving both legitimate and illegitimate children:

“The legitime of each of the acknowledged natural children and each of the natural children by legal fiction shall consist of one-half of the legitime of each of the legitimate children or descendants.”


Both legitimate and recognized illegitimate children are considered compulsory heirs of their parents so their inheritance is protected save only in the case of disinheritance when allowed by law.

Condolence Ris. Don't worry you and your family can get through this soon. God will provide.

[quirkychinita]

thanks @kentoy0224 and @marius!

[Tamblot]

And when we say about inheritance, we are talking about the collective properties of your father be it in your custody or naa sa iyahang kabit. My suggestion is, you protect those that are in your custody. Check the proof of ownership, deed of sale, etc. Any property that was your father's but is not named under him may be claimed by your mom. I am not sure though how the principle of conjugal property can help to your advantage.

[Wynna]

deymn! sakita sa akong heart nagbasa ani oi, I don't know what to say Condolence Iris!

[sweetpok]

Condolence TS.

Kung wala ko nagsayop, sa atong law, naa na mga iprioritize gyud sa pagtunga tunga sa "free" estate sa deceased. ang legitimate family, mao gyud na ang mauna sa "free" estate. ang kabit, wala siyay makuha ana, ang children though naa, pero gamay na na kaayo, murag 1/8 nalang to. Don't worry much TS. Kay ako nahibaw-an, ang legal family, mao gyud na priority.

[quirkychinita]

deymn! sakita sa akong heart nagbasa ani oi, I don't know what to say Condolence Iris!

sakit jud sa tanang sakiy wynna oi! Thanks for your sympathy!

@Tamblot yep, we all have the deed and all papers man. nakabutang sa name sako dad and my mom as the household.

@sweetpok thanks for your sympathy!

@ everyone, ill be okay in time, for now Im trying to look strong (bisan gakamatay matay nako inside!) while I fight for my family's rights and protect them from anything that would harm them. Im also trying to help them recover from our loss.... basically keeping each other from breaking down. We're helping each other recover man bisag lagyo mi sako family, Im here in Cebu while theyre in CDO. thanks to the internet and unlicalls.

[nakedheartlady]

Condolence TS.

TS try of duol ninyo sa sa PAO >> Public Attorney’s Office exists to provide the indigent litigants, the oppressed, marginalized and underprivileged members of the society free access to courts, judicial and quasi-judicial agencies, by rendering legal services, counselling and assistance in consonance with the Constitutional mandate that “free access to courts shall not be denied to any person by reason of poverty” in order to ensure the rule of law, truth and social justice as components of the country’s sustainable development.

Address: Ground Floor, East Wing, The CJ Fernan Memorial Hall of Justice, Capitol Compound, Cebu City, Cebu

I hope nka-help ko nimo TS in dis way God bless!

[iceman_reman]

walay right iyang kabit bsan gamay kung legally married ang deceased and survived by his legal spouse and/or by his child(ren) whether legitimate or illegitimate. kung samokon mo sa kabit, u can even file a criminal case against her and her family. if you need further info, pm lang nako. good luck.