Q. Hi Atty.Rogie Wong, my husband’s marriage in 1977 was not annulled. They have 2 children. We start to live together in 1995 and in 1989 we got married. Obviously, our marriage is considered null and void from the beginning due to subsisting existing marriage of my partner-spouse.
We have one child. However, the relatives of my husband/partner don’t my child as the daughter of my husband. My husband acquired a piece of land from his father. So we built the house in this particular piece of parcel of land with the permission and authority from his father. During the construction no one from his relatives expressed objection during and after the construction of the house.
All of the expenses for the construction of our house were solely from my salary and income while I was still working in a private company in Manila. All documents to support my expenditures are kept by me as well as other related documentation.
After five years my father in law died without transferring the land title of ownership to my husband.
Two years ago my husband died. Our house is now under the care of his youngest brother who lives net door.
Someone told me from the neighborhood, that the relatives and the first family want to take over the property. I am so worried that our personal belongings will be taken away by them and they will maybe even prohibit me from entering the property when I’m going home. My daughter lives in my brother’s apartment they are renting.
Through your column may I please ask your assistance and advice about my position in this particular issue or situation? What are my rights if any? How the partition or distribution be made under the law in the Philippines. Thank you and more power! R
ANS:
Firstly, as the second marriage of your husband with you is null and void due to the subsisting first marriage , then it follows that you have no right in the distribution of your husband’s estate or from his inheritance from his parent’ estate.
However, as regards to your child your daughter is considered as illegitimate child as such she is entitled to inherit from the estate of her father together with two (2) children of the first marriage.
Your daughter as an illegitimate child is entitled only to one-half (1/2) of the share of the legitimate child pursuant to Art. 176 of the Family Code, as amended. Under this law, an illegitimate child is entitled as a matter of succession right to receive one half (1/2) share of the legitime of a legitimate child.
By way of illustration, if a legitimate child inherits $10.00, the share of an illegitimate child is equivalent to $5.00, which is ½ of the share or legitime of the legitimate child. Your child is entitled to her share under the law, regardless of whether she is recognized by the relatives of the father. What is controlling here is the recognition given by the father of the child and not the recognition given by the relatives of the father.
As regards to the house that was constructed in the property of your husband’s parents, and on the basis of the facts you mentioned, you can be considered as a builder in good faith.
You see under Article 453 of the Civil Code of the Philippines, if the owner of the land is aware or has given permission in the construction of certain improvement or structure over his property, and the builder of such structure is also aware that the land in which the building being constructed does not belong to the builder, then under this situation and for purposes of determining their respective rights and duties, both of them are considered as in good faith. In other words, the bad faith of one neutralizes the bad faith of the other. So both will be considered in good faith in contemplation of the law for purposes of determining their respective rights and obligations.
Thus, applying the provisions of Art. 453 of the Civil Code, in your situation, the owner of the land has the right to get the your house upon payment of the proper or appropriate indemnity or the owner of the land can compel you, as builder in good faith, to buy the land, unless the value of the land be considerably more than that of the building. In which case, a rental should be given or paid by you to the owner of the land. (Merchant v. City of Manila, et. al. 11 Phil. 116). Moreover, as you claimed that this house was financed solely by you from your employment income and you have documents to prove this claim, then this house cannot be considered as part of the estate of the deceased husband. In other words this house is exclusively your property.
Looking forward that the foregoing answers your queries. Thank you for writing and best regards.
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