Dear Atty. Peachy,
My father passed away when I was six months old and before he and my mother had the chance to get married. Since I was born, my parents and I lived with my paternal grandfather. When my father passed away, my paternal grandfather continued to take my mother and I under his wings. My paternal grandmother already passed away even before I was born and my grandfather was just happy to have us living with him.
Just about three months ago, however, my grandfather passed away. He was survived by his three sons. Last week, my uncles talked to my mother and gave her an ultimatum to leave my grandfather’s house within a month. They told her that the house is part of the estate of my grandfather which they intend to partition amongst themselves. When my mother countered that I have the right to represent my deceased father in the estate of my grandfather, my uncles argued that I cannot represent my deceased father as I am an illegitimate child. Are my uncles correct?
Marie
Dear Marie,
An illegitimate child can inherit from his grandparent by his right of representation. In the 2021 case of Aquino vs. Aquino (G.R. 208912), the Supreme Court abandoned the presumption in previously decided cases that non-marital children are products of illicit relationships or that they are automatically placed in a hostile environment perpetrated by the marital family. It adopted a construction of Article 992 of the Civil Code 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. It held, as follows:
Accordingly, when a non-marital 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:
ARTICLE 982. 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. (Emphasis supplied)
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.
You have a right to represent your deceased father to succeed in your grandfather’s estate according to Article 982 of the Civil Code.
Atty. Peachy Selda-Gregorio