Inheritance eligibility

Dear Atty. Nico,

My paternal grandfather recently passed, and I loved him very dearly. Before my parents got married, my father died of a heart attack. It was my grandfather who took care of my needs and supported my education. He even recognized me as my father’s natural child.

With his passing I would like to be included in the distribution of my grandfather’s estate by representing my deceased father. However, I was told that as an illegitimate child, I am not eligible to inherit from my legitimate relatives under the law.

Is this true? Please help enlighten me with this legal dilemma. Thank you so much.

Abby

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Dear Abby,

Although it is correct that there is such prohibition under the law, as provided under Article 992 of the Civil Code (An illegitimate child has no right to inherit ab intestate from the legitimate children and relatives of his father or mother; nor shall children or relatives inherit in the same manner from the illegitimate child), the same does not apply to direct descendants when inheriting from their direct ascendants by way of representation.

In the landmark case of Aquino v Aquino (G.R. No. 208913 & 209018), the Supreme Court adopted a construction of Article 992 that makes children, regardless of the circumstances of their births, qualified to inherit from their direct ascendants — such as their grandparent — by their right of representation.

This interpretation likewise makes Article 992 more consistent with the changes introduced by the Family Code on obligations of support among and between the direct line of blood relatives. Article 195 of the Family Code identifies the persons who are obliged to support each other. It provides that parents and their children and the children of the latter, whether legitimate or illegitimate, are obliged to support each other.

Family Code. Article 195. Subject to the provisions of the succeeding articles, the following are obliged to support each other to the whole extent set forth in the preceding article:

3) Parents and their legitimate children and the legitimate and illegitimate children of the latter;

4) Parents and their illegitimate children and the legitimate and illegitimate children of the latter.

Thus, it is reasonable to conclude that the rules on support (under the Family Code) and succession (under the Civil Code) should be reciprocal.

Grandchildren, regardless of their status and the status of their parents, should be able to inherit from their grandparents by right of representation in the same way that the grandchildren, also regardless of their status, are called upon by law to support their grandparents, if necessary. In the case of support, the grandchildren could not even shy away from the obligation because support is considered to be “the most sacred and important of all of obligations.”

Accordingly, when a nonmarital child seeks to represent their deceased parent to succeed in their grandparent’s estate, Article 982 of the Civil Code shall apply. Article 982 provides:

The grandchildren and other descendants shall inherit by right of representation, and if any one of them should have died, leaving several heirs, the portion pertaining to him shall be divided among the latter in equal portions.

The language of Article 982 does not make any distinctions or qualifications as to the birth status of the “grandchildren and other descendants” granted the right of representation. Moreover, as pointed out by Senior Associate Justice Estela Perlas-Bernabe, to allow grandchildren and other descendants, regardless of their birth status, to inherit by right of representation will protect the legitime of the compulsory heir they represent; otherwise, the legitime will be impaired, contrary to protections granted to this legitime in other areas of our law on succession.

Applying Article 982 in situations where the grandchild’s right to inherit from their grandparent is in issue is more in accord with our State policy of protecting children’s best interests and our responsibility of complying with the United Nations Convention on the Rights of the Child.

Applying the aforementioned ruling to your circumstances, it can be said that there is no legal impediment for you to be included in the distribution of your grandfather’s estate by representing your deceased father. However, the application thereof is not automatic as you must still prove your filiation in court.

Atty. Nico A. Antonio