Dear Atty. Shalie,
My father, a legitimate child, died before my grandparents. My parents, without being married, lived as husband and wife, with my grandparents, until my father’s death. We continued to live with my grandparents, as it is the only home we know.
Unfortunately, when my grandparents died, my uncle, (my father’s brother) who has left the family home since before our birth, returned to our home, and is now trying to take away the only valuable property left by my grandparents, from my younger brother and me. What rights do we have against my uncle, with respect to the home left to us, by our grandparents?
Teresa
***
Dear Teresa,
The Supreme Court has already ruled on this matter, declaring that under the law, a special rule of inheritance applies between illegitimate and legitimate relatives, absent any will or donation. Illegitimate children have no right to inherit, without a will, from the legitimate relatives of his parents.
Legitimate children have the right of representation, with respect to their grandparents. Hence, this right is not available to you, as illegitimate grandchildren. You cannot inherit from your grandparents, in representation of your father, which is a right granted by law to legitimate children, in the inheritance of property of a legitimate grandparent. The law prohibits absolutely a succession ab intestato between the illegitimate child (you and your brother) and the legitimate children and relatives (in your case, parents) of the father or mother. Your case falls under the exception to the general rule on the right of representation. Your uncle would have the right to inherit intestate from his parents. If, however, you can prove, in any signed written instrument, that your grandparents left their property to you and your brother, you would still be able to claim your rights to the subject property.
Atty. Shalie Lazatin-Obinque