Miguel had a legitimate son named Arturo, while Arturo had a daughter named Angela, born out of a common law relationship between Arturo and Susan. Arturo died in 1978 while Miguel died without a will in 1999. Under the law on succession, a grandchild may inherit by right of representation from the estate of her grandparent if the grandchild’s parent died ahead of the grandparent. May Angela inherit by right of representation from her grandfather Miguel?
This was the issue which confronted the Supreme Court en banc in the leading case of Aquino v. Aquino.[1] Previous decisions had held that an illegitimate child cannot inherit by right of representation from the legitimate ascendants of his parent.[2] This was based on Article 992 of the Civil Code which provides that “[a]n illegitimate child has no right to inherit ab intestato from the legitimate children and relatives of his father or mother.” Article 992 was known as the “iron curtain rule.”
The Supreme Court ruled that Angela may inherit by right of representation from her grandfather notwithstanding the fact that she was an illegitimate child. The Supreme Court held that in case of representation by grandchildren, it is Article 982 of the Civil Code, not Article 992, which is applicable. Article 982 provides that “[t]he grandchildren and other descendants shall inherit by right of representation.” The Court noted that Article 982 does not distinguish whether the grandchildren are legitimate or not. In effect, “legitimate relatives of his father or mother” in Article 992 does not refer to legitimate ascendants of the illegitimate child’s parent.
The Court stated it adopts a construction of Article 992 that makes children, regardless of the circumstances of their birth, qualified to inherit from their direct ascendants – such as their grandparent – by their right of representation.
Nonetheless, Court emphasized that its ruling applies only “when the illegitimate child has a right of representation to their parent’s share in her grandparent’s legitime.” Although the Court refrained from saying so, Article 992, insofar as it does not deal with the illegitimate grandchild’s right of representation, is still in effect.[3] The Court was doubtless aware that it can interpret or construe but not amend the law. Hence, the iron curtain remains closed to cases where the illegitimate child inherits in his own right or inherits by right of representation from the legitimate siblings of his parent. Thus, an illegitimate child cannot inherit from the legitimate sister of his parent because of the iron curtain.
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[1] G.R. No. 208912, 7 December 2021, Leonen, J.
[2] Diaz v. Intermediate Appellate Court, 182 SCRA 427 (1990), Diaz v. Intermediate Appellate Court, 150 SCRA 645 (1987); Leonardo v. Court of Appeals, 120 SCRA 890 (1983).
[3] “To emphasize, this ruling will only apply when the nonmarital child has a right of representation to their parent’s share in her grandparent’s legitime. It is silent on collateral relatives where the nonmarital child may inherit by themself. We are not now ruling on the extent of the right of a nonmarital child to inherit in their own right. Those will be the subject of a proper case and, if so minded, may also be the subject of more enlightened and informed future legislation.” (Decision, p. 35).
I salute sir riguera, i am once his reviewee in his review center. He is really an effective reviewer.