Partition of property affected between a
person entitled to inherit from the deceased
owner thereof and another person who
thought he was an heir, when he was not
really and lawfully such, to the prejudice of
the rights of the true heir designated by law
to succeed the deceased, is null and void.
NOTE:
- SIR: Nephew and niece vs
grandniece?
- Right of representation will only be
applied in direct descending line and
not ascending line.
- As to collateral relatives, there is right
of representation, but only limited to
nephews and nieces
- Here, who will inherit are the
nephews and nieces applying the rule
on proximity.
De la Puerta v Court of Appeals, 181
SCRA 861: Here, there was no legal
adoption, so still the child is still an
illegitimate child, so apply order of intestate
succession of illegitimate child.
Abellana-Bacayo v Ferraris-Borromeo, 14
SCRA 986 → Q: Nephews and nieces and
aunts are in the same degree. Sino na ang
mag-inherit?
A: Applying the rule, the nephews and nieces
will actually inherit excluding the rights of
aunt.
Sayson vs. CA: The deceased is survived by
the grandchildren including Delia and
Edmundo (adopted children of the parents;
they are adopted grandchildren?). Delia and
Edmundo are representing their parents from
the inheritance of their grandparents.
Q: Are the grandchildren and the adopted
children can inherit from the
grandparents by right of representation?
A: Yes, the grandchildren can inherit through
the right of representation, provided that
representation is proper. It must be noted that
the right of representation is allowed in the
descending line. However, with respect to the
adopted children of their parents, they cannot
inherit through the right of representation.
The rule is, when it comes to adoption,
adoption will only take effect between the
adopted child and the adopting parent. Labas
yung relative ng adopting parent. Thus, the
adopted child cannot inherit.
NOTE: Adopted children have the same right
as the legitimate child, but their right is only
limited. Their right is equivalent to that of the
illegitimate child, particularly on the share.
Del Prado vs. Santos: The decedent was
succeeded by his illegitimate child and a
brother.
Q: Who has the successional right?
A: The following is the order of successional
right through a deceased legitimate person:
1. Legitimate Children and their
Legitimate descendants
2. Legitimate Parents and their
Legitimate ascendants
3. Illegitimate children and their
descendants whether legitimate or
illegitimate
4. Surviving Spouse, without prejudice
to the rights of brothers, sisters,
nephews, and nieces.
5. Other Collateral relatives up to the 5th
civil degree of consanguinity
6. Absence of all, then it will be the state
who will inherit
NOTE: Presence of the relative in the direct
descending line will exclude the relatives in
the ascending and the collateral line. Hence,
the presence of the illegitimate children will
exclude the relatives in the collateral line,
particularly the brothers, sister, nephews, and
nieces. Thus, all the estate will be given to the
illegitimate child. However, you must check
the effectivity of the civil code. If the old
civil code will be used, the right of the
illegitimate child is not recognized. CHECK
ON THE DATE OF THE DEATH OF
THE DECEDENT.
Cacho vs. Udan: Between an illegitimate
child and the collateral relatives (brother) of
the decedent.
Q: Who has the better right to succeed?
A: Applying the rule in the order of
succession, presence of the relative in the
direct descending line will exclude the
relatives in the ascending and the collateral
line. CLearly in this case, the presence of the
children will exclude the collateral relatives
of the decedent, in this case the brothers.
However, SC ruled that there are
successional rights of the collateral relatives
particularly the brothers, sisters, nephew and
nieces. Although they are potential intestate
heirs, their successional rights are only
limited. They will inherit in the absence of
other intestate heirs particularly the
legitimate, illegitimate children, and parents.
They will only concur if the deceased is
survived only by the surviving spouse. Their
right to succeed is not absolute; they will only
inherit in the absence of other interstate heirs
(compulsory heirs).
Day 21
EXAMPLE: The remaining relatives of the
decedent are collateral relatives.
Q: What is the order of intestate
succession of a deceased person?
If he is legitimate
1. Legitimate parent
2. Legitimate children
3. Surviving spouses, w/o prejudice to the
rights of the brothers, sisters, nephews
and nieces
4. Relatives within the 5th civil degree of
consanguinity.
Illegitimate decedent:
1. Legitimate children
2. Illegitimate children
3. Illegitimate parents
4. Surviving spouses, w/o prejudice to the
rights of the brothers, sisters, nephews
and nieces
In the given case, decedent is illegitimate.
The order of succession of an illegitimate
decedent will apply. Since the deceased died
without descendants or ascendants, he only
have collateral relatives.
However, with respect brothers and sisters
the rule is that if the decedent is illegitimate,
the brothers and sisters must also be
illegitimate.
In the given example, the brothers and sisters
are legitimate. Under art. 992 or the Iron
Curtain Rule, they are absolutely prohibited
from inheriting. Thus, the decedent does not
have an intestate heir. Ins such case, the estate
will be given to the state.
CASES
Corpuz v. Corpuz: Decedent is an
illegitimate but he was an acknowledge
natural child. The order of succession of an
illegitimate child was used:
1. Legitimate children
2. Illegitimate children
3. Illegitimate parents
4. Surviving spouses, w/o prejudice to
the rights of the brothers, sisters,
nephews and nieces.
NOTE:
- When it comes to illegitimate
decedent the intestate heirs is
limited only to brothers and sisters,
nephews and nieces.
- With respect to brothers and sisters
they must be illegitimate.
In the given case, considering that the
collateral relative is a legitimate relative, art.
992 will apply.
- The prohibition of art. 992 applies to
both ways. The relatives of the
decedent are prohibited as well as the
legitimate relatives are prohibited
from inheriting from the illegitimate
child. The prohibition is reciprocal.
- There is also no right of
representation once it is a prohibition
of art. 992. With respect to the
representation of the relatives in the
collateral line, it is limited to 1 degree
lower, meaning the representation is
limited only to nephews and nieces.
Leonardo v. CA: In this case, there is an heir
claiming his share in the estate. As a rule,
filiation with the deceased must be proved, to
be considered as a legal or intestate heir. A
person cannot during a proceeding, whether
in a testate or intestate succession, appear and
claim to be an heir of the deceased.
There is no problem if the person is already
recognized in the lifetime of the deceased.
NOTE:
- If a person is recognized in the will,
subsequent revocation of the will will
not affect the recognition of the
person.
- Filiation must be brought in a separate
proceeding; it is not covered by the
probate court. This applies in testate
or intestate succession.
In the given case, it was already proven that
the heir is already an illegitimate child
because at the time of the birth of the child,
there is a subsisting marriage of the decedent.
This means that the heir claiming to be an
illegitimate heir is actually born out of
wedlock. Considering that the father has a
subsisting marriage. The child then is an
illegitimate.
Q: Can the illegitimate child represent
against the estate of the relatives of its
father?
A: No. Art. 992 prohibits the illegitimate
children to represent their parents from the
legitimate relatives.
Diaz v. Intermediate Appellate Court:
With respect to art. 992, it also applies to
representation. The representative will step
into the shoes of the person represented. In
such case, if the decedent they are
representing is legitimate, the representative
must also be a legitimate representative. Thus,
an illegitimate child cannot represent a
legitimate relative because it is covered under
art. 992.
If the decedent is illegitimate, the
representative can either be legitimate of
illegitimate.
Scenario:
Y- parent of X (great-grandparent)
X- illegitimate decedent
A legitimate child of X; he has two children
C (legitimate) & D (illegitimate)
B illegitimate child of X; has two children E
(legitimate) & F (illegitimate)
X, A & B predeceased the decedent.
The estate involved here is the great-
grandparent`s estate.
Q: Can C, D, E, F represent X in the
inheritance?
A: the barrier will not apply in this case, thus
the C, D, E, F can inherit by right of
representation.
Day 22
ADOPTION
NOTE: Adoption is discussed under
Republic Act No. 8552. The effect of your
adoption is actually discussed under
Section 5. Yung succession is actually
discussed under Section 18.
Q: What is the effect of your adoption
under your rules of succession?
A: Under Section 18, the adopting parents
and adopted child shall have reciprocal rights
of succession. → Meaning yung adopting
parent is actually a or considered as an heir.
So pwede siyang heir ng adopted child. And
so the adopted child is also considered as
heir of the adopting parents. Without of
course distinction as to previous elision.
NOTE:
- The biological parent of the adopted
child is still considered as heir. So
pupwede paring magmana ang ating
biological parent, however, only on
some instances.
- As a rule with respect to your adoptions
to effect, the right of the adopted
child shall be equivalent to a
legitimate child. You treat the adopted
child as a legitimate child.
- However, hindi lahat ng right ng
legitimate child can be actually enjoyed
by the adopted child.
RULES:
1. Adoption is of course a relationship
that is created by fiction of law.
- So it is only a relationship that is
created by fiction of law. Meaning it
is through the process of legal
adoption. Must undergo the process
of legal adoption. Otherwise kung
hindi siya nagundergo into the
process of legal adoption, hindi maco-
maconsider siya as or equivalent to
the right of a legitimate child.
Especially so if there’s no blood
relationship.
- Kung hindi kaano-ano of course ni
testator or ni deceased yung person
being adopted and it did not undergo
your legal process of adoption wala
siyang right.
- It is as if of course this child is
considered as stranger.
- ILLIGITEMATE CHILD: Pero
ibang usapan if yung child being
adopted is an illegitimate child. Kase
if the child is an illegitimate child,
pag hindi siya na-adopt through the
process of legal adoption, of course
the child will remain as an
illegitimate child. Yung right niya is
merely as an illegitimate child. So
unlike if legal adoption, sabi natin,
yung illegitimate child will already
have a right of a legitimate child.
2. Adoption is clearly personal between
the adopting parent and the adopted
child.
- Adoption will only confer right.
- It is actually personal between the
adopting parent and the adopted
child and that is why wala tayong
right of representation sa adoption.
- So yung heirs of the adopted child
cannot actually exercise the right of
representation kase sabi ko kanina
limited lang yung right of the adopted
child. → It is only purely between the
adopting parent and the adopted child.
- Pag nagpa pre-deceased si adopted
child, so walang transfer of rights.
3. The biological parents loses parental
authority
 - Under your adoption of course the
biological parents will already loose
parental authority.
- However the biological parents will
remain testate or intestate sa heirs of
the adopted child. So they will still be
considered as testate or intestate heirs
of the adopted child. So I am referring
to the biological parent.
ORDER OF INTESTATE SUCCESSION
OF AN ADOPTED CHILD
1. The legitimate children and
descendant.
2. Biological Parents/Legitimate parents,
without prejudice to the right of the
adopting parent
- NOTE: The right of the adopted
parents is limited with regards to the
estate of the adopted child.
- Of course yung right of the legitimate
parents is subject to concurrence of
the adopting parent.
- If the only heir of the adopted child
is his biological parents they will
inherit alone.
- Or the legitimate parents can
actually concur with the adopting
parent. → Kung silang dalawa lang,
so meaning ang only heir that is
actually surviving at the time of the
death of the deceased is the legitimate
parent and the adopting parent, so
silang dalawa, both of those heirs,
meaning → adopting parent and the
legitimate parents, biological parents
will inherit together.
3. Adopting parent without prejudice to
the right of surviving spouse.
- So pwedeng si adopting parent
together with the surviving spouse or
pwedeng si adopting parent together
with illegitimate children.
- Q: Ano yung mga instance na yun
where your adopting parent will
actually inherit?
Answer:
a. If your adopting parent will or is
the one or the only heir that is
actually surviving;
b. The adopting parent together
with the biological or legitimate
parents of the adopted child.
c. Adopting parent together with
the surviving spouse
d. The adopting parent together
with the illegitimate children.
e. Adopting parent and together
with the surviving spouse or the
illegitimate children.
NOTE:
- The following cases will not apply if
the biological parents survives: a)
Adopting parent will survive or will
inherit together with the surviving
spouse; b) Yung adopting parent natin
will inherit together with the
illegitimate children; or c) In cases
where the adopting parent will
survive alone.
- Kapag present and biological
parents or the legitimate parents of
the adopted child, hindi
magmamana ang adopting parents
and surviving spouse. → Walang
combination na ganon.
- Wala rin tayong combination na
adopting parent and illegitimate
children or Adopting parent alone.
→ Instead, the adopting parent will be
replaced by biological or legitimate
parent.
Q: Kung may surviving spouse,
may adopting parent, may
legitimate or biological parent, sino
ang magmamana or who are the
heirs?
A: It will only be the surviving spouse
and biological parent. In the exclusion
of the adopting parent.