RESEARCH PROPOSAL

Name: Nathaniel Niño A. Tang

Section and Year Level: 4th Year Block B

Date: November 28, 2020

Course: Bachelor of Laws

School: University of Santo Tomas – Legazpi

1. Title of Research Project:

Wall Inspection: Examining the Iron Curtain in Modern Day Society

2. Legal Research Field / Area:

Civil Law – Succession

3. Brief Overview of Relevant / Related Research:

I. Illegitimate children

The Family Code defines illegitimate children as children conceived and born
outside a valid marriage unless otherwise provided by the Family Code 1. As an
exception, under Article 54 of the Family Code, children conceived or born before the
judgment of annulment or of absolute nullity of the marriage, where the ground for
voiding the same is the psychological incapacity of either of the spouses to perform his
or her marital obligations, has become final and executory shall be considered
legitimate. Also, under the same article, children born from a subsequent void marriage
due to the contracting parties’ failure to comply with the mandatory provisions of
Article 52 and 53 of the Family Code shall likewise be considered legitimate 2.

II. The Iron Curtain rule

1
Family Code, Art. 165
2
Sta Maria, Persons and Family Relations Law, (2015) p. 641
 a. Definition

The Iron Curtain Rule states that an illegitimate child has no right to inherit ab
intestato from the legitimate children and relatives of his father or mother; nor shall
such children or relatives inherit in the same manner from the illegitimate child 3.
Stated differently, an illegitimate child cannot inherit through intestate succession
from the legitimate children and relatives of their parents. The latter cannot inherit
in the same manner from the former. This rule has created a barrier in between the
legitimate family and illegitimate children.

b. History and basis

The rule traces its origins from the old civil code which read as “A natural or
legitimated child has no right to succeed ab intestate the legitimate children and
relatives of the father or mother who has acknowledged it; nor shall such children or
relatives so inherit from the natural or legitimated child”4

The reason for the barrier is that “natural children cannot be called relatives and
they have no right to inherit. Of course, there is a blood tie, but the law does not
recognize it. In this, Article 943 is based upon the reality of the facts and upon the
presumptive will of the interested parties; the natural child is disgracefully looked
down upon by the legitimate family; the legitimate family is, in turn, hated by the
natural child; the latter considers the privileged condition of the former and the
resources of which it is thereby deprived; the former, in turn, sees in the natural
child nothing but the product of sin, a palpable evidence of a blemish upon the
family. Every relation is ordinarily broken life; the law does no more than recognize
this truth, by avoiding further grounds of resentment” 5. The law presumes the
existence of antagonism between the illegitimate child and the legitimate relatives
of his parents.

III. The equal protection clause and adapting “Substantial Distinction”

3
New Civil Code of the Philippines, Art. 992
4
Civil Code of 1889, Art 943
5
7 Manresa, 3d ed., p. 110. as cited under G.R. No. L-45160 In re Will of the deceased Rosario Fabie y Grey.
 Equal Protection is one of the rights enshrined under our Philippine Constitution.
It is a guarantee against discrimination and entitlement to equal rights. The provision
specifically states that: No person shall be deprived of life, liberty, or property without
due process of law, nor shall any person be denied the equal protection of the laws.6

The Constitution does not prohibit classification. The classification must, as an

indispensable requisite, not be arbitrary. This classification, to be reasonable, must
conform to the following requirements: (1) It must be based upon substantial
distinctions; (2) It must be germane to the purpose of the law; (3) It must not be limited
to existing conditions; (4) It must apply to all members of the same class 7

Superficial differences do not make for a valid classification. Previous distinctions

may have been abolished due to changing times. In the case of Plessy v. Ferguson 8, the
equal protection clause was interpreted as justifying the doctrine of separate but equal
rights, which meant that the separate enjoyment of rights but white and black persons
could be required as long as the rights themselves were equal. In 1952, the doctrine was
abandoned in Brown v. Board of Education 9. The compulsory separation of the two
races in public schools was declared unconstitutional. Segregation thus yielded to
integration in the light of significant societal development notwithstanding that not a
single alteration had been made in the wording of the equal protection clause 10.

The Philippines is a signatory to the Universal Declaration of Human Rights

(UDHR). It was accepted by the general assembly on December 10, 1948. Section 25 (2)
thereof states that: “Motherhood and childhood are entitled to special care and
assistance. All children, whether born in or out of wedlock, shall enjoy the same social
protection”. The Philippines has also ratified the United Nations Convention on the
Rights of the Child Treaty. Article 2(2) thereof states that: the state parties shall take all
appropriate measures to ensure that the child is protected against all forms of

6
Philippine Constitution (1987), Art III, Sec 1
7
People v. Cayat G.R. No. L-45987
8
163 US 537
9
349 US 294
10
Isagani & Carlo Cruz, Constitutional Law (2015) p. 246
 discrimination or punishment on the basis of the status, activities, expressed opinions, or
beliefs of the child's parents, legal guardians, or family members.

IV. The rise in number

In the Philippines, common law relationships or so called “live-in relationships”

by locals have been quite frequent. As a result, more babies are born to unwed mothers.
In 2017, the Philippine Statistics Authority recorded a total of 907,061 live births born
out of wedlock. That number is equivalent to 53.3% of the total live births for the year
201711. In 2018, the authority recorded 906,106 live births born out of wedlock. That
number is equivalent to 54.3% of the total live births recorded for 2018. As can be
gleaned, the trend is an increase of the number of illegitimate children born as
compared to legitimate children12.

V. Defeated blood relations

In the case of Benigno Manuel v. Hon. Nicodemo T. Ferrer13, Modesta Manual-

Baltazar executed an Affidavit of Self-Adjudication upon the estate of Juan Manual.
Petitioners sought to annul the affidavit of self-adjudication executed. Modesta candidly
admitted that she herself is not an intestate heir of Juan Manual. She was merely an
“ampon” of Juan Manual, without the benefit of formal or judicial adoption. The Court
nevertheless dismissed the case in her favor since the petitioners were not the ab
intestate heirs of their illegitimate brother Juan Manual. They were not the real parties-
in-interest to institute the suit.

4. Objectives of the program of research and investigation:

a. Research question and sub-questions

11
https://psa.gov.ph/vital-statistics/id/136977 Accessed on November 25, 2020
12
https://psa.gov.ph/vital-statistics/id/144897 Accessed on November 25, 2020
13
G.R. No. 117246, August 21, 1995
 Should the conclusive presumption of antagonism between the illegitimate children
and legitimate relatives of their parents still stand in modern day society?
If the law needs to be amended, how should it be amended?
i) Should the conclusive presumption be converted to a disputable
presumption?
ii) Should the presumption of antagonism be abolished and those who
alleges such must prove it?
b. Aims of research
i) This research seeks to determine if illegitimate children are naturally
hated by the legitimate relatives of their parents;
ii) This research seeks to shed light on the change in circumstances which
previously served as the basis of the law
iii) This research seeks to establish the necessity to amend the law to
prevent future injustice.
iv) This research seeks to establish that the illegitimate children should not
absolutely be barred from inheriting ab intestato from the legitimate
relatives of their parents and vice versa
5. Research methods and plan:
a. Approach / Methodology
The research will involve a quantitative research conducted through a survey
questionnaire. A set of questions will be given to the respondents to answer.
Answer to the survey will be in a quantifiable output which will be interpreted
and analyzed by the researcher.
b. References to literature
Quantitative survey data has a number associated with it. Quantitative data can
be as simple as the percent of people responding “Yes” or “No” to a specific
question. However, one of the most valuable uses of quantitative survey data
comes from questions that are scaled. A scaled question is a question that
requires respondents to rate their experience using a number; for example, from
 one to six. Quantitative data permits an understanding of the magnitude of a
response14.

Quantitative data is designed to collect cold, hard facts. Quantitative data is

structured and statistical. It provides support when you need to draw general
conclusions from your research15.

c. How the methodological approach links with the research questions / aims
Through quantitative analysis of responses, the researcher would be able to
determine public opinion that will be used to draw out conclusions on whether
law the should me amended. It will also be used to determine on how the law
should be amended to conform with modern factuality.

6. Research Project Timeline:

November 2020 – Submission of Research Proposal

December 2020 – Revision of the Research Proposal in consonance with the comments
and suggestions of the adviser

January 2021 – Gathering of Additional Related Literature and Studies

February 2021 – Writing of Research Proper and Conduct of Survey

March 2021 – Analysis of Results

April 2021 – Submission of Initial Research Draft for comments and suggestions

May 2021 – Revision of the Research Paper incorporating the comments and
suggestions

June 2021 – Submission of the Final Research Paper

14
https://www.nbrii.com/faqs/data-analysis/quantitive-survey-data/ Accessed on November 25, 2020
15
https://www.surveymonkey.com/mp/quantitative-vs-qualitative-research/ Accessed on November 25, 2020