may karapatan ba ang mga Iligitimate children?

[iasterui]

Ask ko lang... may karapatan ba ang iligitimate child sa bahay na pinundar ng tatay nia para sa kanila ng nanay nia? or may karapatan ba [textspeak!] original family dun sa bahay na pinundar ng tatay sa 2nd family nia?

[wandergirlC]

Yes, illegitimate children have successional rights (karapatang magmana).  They get 1/2 of whatever legitimate children get. Hope this helps!

[bankerII]

Civil Code of the Phils.
Art. 887. 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;

      (4) Acknowledged natural children, and natural children by legal fiction;

      (5) Other illegitimate children referred to in Article 287.

[wandergirlC]

Eto pa:

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. However, illegitimate children may use surname of their father if their filiation has been expressly recognized by the father through the record of birth appearing in the civil register, or when an admission in a public document or private handwritten instrument is made by the father. Provided, the father has the right to institute an action before the regular courts to prove non-filiation during his lifetime. The legitime of each illegitimate child shall consist of one-half of the legitime of a legitimate child.(As amended by Republic Act 9255, approved February 24,2004.)

[boo.dha]

What if the mother gets support for the child, does that give the child the right to use the father's last name?

[wandergirlC]

The same article I posted tells us about the instances when an illegitimate child may use the father's surname:

However, illegitimate children may use surname of their father if their filiation has been expressly recognized by the father through the record of birth appearing in the civil register, or when an admission in a public document or private handwritten instrument is made by the father.

Better if you have anything to back up that he's recognizing the child in writing.

[prettynvain]

we are illegitimate din. and when my father passed away, wala syang will and testament siguro dahil di pa niya iniisip na he'll die at the age of 61.. pero the law give us equal rights. actually, wala naman syang legitimate kids dahil his legal wife is not capable to bear kids. but they have an adopted son. and they are separated na pero not legally. actually, di naman kame nanghingi ng kahit ano since kaya naman namin, but when lawyers found out about us. sila ang umasikaso.

in the end, walang nakuha kahit singko [textspeak!] adopted nila. and equally hati between sa aming magkakapatid at dun sa legal wife yung mga naiwan ng dad ko. by the way, we're using my father's surname eversince.

[sweet_cherry]

Ask ko lang... may karapatan ba ang iligitimate child sa bahay na pinundar ng tatay nia para sa kanila ng nanay nia? or may karapatan ba [textspeak!] original family dun sa bahay na pinundar ng tatay sa 2nd family nia?

Questions first?
1. Patay na ba ang tatay mo? Kung oo, then
2. Sa tatay mo ba nakapangalan ang bahay na pinundar para sa second family? kung oo, then
3. May last will and testament ba na ginawa ang tatay bago siya namatay? kung meron at nakalagay sa last will na sa second family mapupunta ang bahay then the illegitimate children will have rights over the house.

Pano pag walang last will? walang karapatan ang illegitimate children over the house. Although compulsory heirs sila (may karapatang magmana according to the law) inchoate lang ang karapatan nila sa estate ng namatay na tatay. 1/2 of the share of a legitimate child and share ng illegitimate child. Ex. 1/2 ng naiwan ng tatay ay mapupunta sa legitimate child niya at ang 1/4 ng mga naiwan ay mapupunta sa mga illegitimate children niya. So unless nagkapartition na ng estate, hindi mo pa masasabi na ang 1/2 of the share of the legitimate child includes the house na pinatayo para sa inyo, kasi nga inchoate pa, di pa alam kung anong specific property ng estate ang mapupunta sa inyo.
Hope this helps

[yummyfruit]

yes, illegitimate children have succession rights, equivalent to 1/2 of the legitimate children

[xxcheiyexx]

what if all the properties of the father was already transferred under the name of the legit kids?

[ysa.belle]

^wala ng makukuha ang mga anak sa labas since sa legit kids na nakapangalan ang mga properties

[bankerII]

May time limit na puede mag-habol :

Rule 74 of the Rules of Court
Sec. 4. Liability of distributees and estate. - If it shall appear at any time within two (2) years after the settlement and distribution of an estate ...... that an heir or other person has been unduly deprived of his lawful participation....

[pompz]

pano mga sis kung hindi nakapirma ang ama sa [textspeak!] ng bata, pero sya naman ang tunay na ama, may habol ba ang ina for financial support para sa bata?

[ysa.belle]

^hindi acknowledge sa Birth Cert? malamang wala...

[kysmet]

If the illegitimate father did not sign the birth certificate, then you have to prove in court that he is the father through other means, i.e. DNA, other evidence that he acknowledged the child as his such letters, xmas cards etc. The point is, you have to prove it.

If the properties were transferred to the legitimate children, you can petition the court to annul the transfer since it was made in violation of your right as an illegitimate child, your legitime (mana) which is 1/2 of that of the legitimate child.

Again, our procedural rules affords us to seek relief when our rights are violated. The thing is, the Philippines is known for its protracted litigation. It will take years and money to get what you want. But you can, if you want to.

[bankerII]

pano mga sis kung hindi nakapirma ang ama sa [textspeak!] ng bata, pero sya naman ang tunay na ama, may habol ba ang ina for financial support para sa bata?

"Violence against women and their children" refers to:
 any act or a series of acts committed by any person against a woman who is
a)  his wife,
b) former wife, or
c) against a woman with whom the person has or had a sexual or dating relationship, or
d)  with whom he has a common child,

or against her child whether legitimate or illegitimate, within or without the family abode.

HTH
 

[pompz]

Again, our procedural rules affords us to seek relief when our rights are violated. The thing is, the Philippines is known for its protracted litigation. It will take years and money to get what you want. But you can, if you want to.

thanks sis, actually

and thanks banker

one more thing baka alam nyo rin ang rule ng US Army , he's an US army but naturilized pinoy naman,  dito kasi sa Pinas nasa AFP ang husband ko once may babaeng nagreklamo sa sundalo, madaling kasuhan, at maalis sa serbisyo, ewan ko lang yung US? sana ganon din sila,

[mafee]

If the illegitimate father did not sign the birth certificate, then you have to prove in court that he is the father through other means, i.e. DNA, other evidence that he acknowledged the child as his such letters, xmas cards etc. The point is, you have to prove it.

are text messages considered in court or at least chat transcripts? 

[bankerII]

these are now covered by Section 1(k), Rule 2 of the Rules on Electronic Evidence which defines ephemeral electronic communication as that referring to telephone conversations, text messages . . . and other electronic forms of communication the evidence of which is not recorded or retained.

Under Section 2, Rule 11 of the Rules on Electronic Evidence, “Ephemeral electronic communications shall be proven by the testimony of a person who was a party to the same or who has personal knowledge thereof.

 

[iam_miel]

the situation isnt about me, but Im concerned about this person...

my chinese ex got his former filipina gf pregnant (his ex before me) & was "blackmailed" into dealing with her in secrecy since napikot lang daw sya & his family might disown him if they find out na nakabuntis sya..It happened months after they had already broken up..He supported her financially, 1.5k per week but stopped sending her money on her 7th month..Since hindi na nya mahagilap si ex, the girl decided to talk to my ex's mom na lang..She told his mom everything, mag-ex na sila pero may nangyayari pa din, na nabuntis sya at gusto daw ni ex na isekreto to protect his family & she agreed provided he'll take care of her & the baby financially..May kaya sila ex, mayaman nga actually (business and stock holder ng hotel sa Binondo), but his mom only agreed to give her 50k for "humanitarian purposes"..The mom said na since si girl daw ay ex-gf na ni ex, hindi daw nila kikilalanin yung bata..Caesarian delivery yung girl & kinulang yung pambayad sa hospital so she asked ex's mom again for money..The mom gave her additional 20k & said last na daw yun, they wont give anymore..They asked the girl to sign an agreement na once she receives the 20k hindi na sya maghahabol for the baby kahit kailan..The girl signed naman to get the baby out of the hospital & kept her word..Hindi na sya nagparamdam dun sa family ng ex ko..

Meron bang laban si girl against my ex's family kung gusto nya maghabol for their child? Honestly, kawawa si girl dahil pobre lang sila, habang yung family naman ni ex nagpapakasawa sa pera..What can she do? I would really wanna help her..