surviving spouse, one-third sa Although the biological parents will actually
illegitimate children. lose parental authority, however the
Q: Paano kapag legitimate parent
instead of adopting parent kase
present si legitimate parent, how
will you distribute the estate?
Assuming that is your intestate
succession or even testate, so
magkano magiging share ni
biological or legitimate parent?
A: Kapag legitimate parent sabi natin
it should always be one-half. They
will actually replace the legitimate
children.
Pero pag adopting parent it is one-
third. One-third pag present yung
tatlo: adopting parent, illegitimate
child and surviving spouse.
Q1: What if the adopting parents died and
the adopted child inherited from the
adopting parent then the adopted child
died, can the biological parents inherit
those properties inherited by the adopted
child from the adopting parent?
Q: With respect to the properties of the
adopted child, so papasok ba ang Reserva
troncal? Maipapasok ba natin ang
Reserva troncal? Will the property
become Reservable property?
A: No. Hindi na natin yan ico-consider as a
reservable property. The adopted child
would remain to be the heir of biological
parent, because the effect of the adoption is
actually between the adopting parent and the
adopted child.
Thus, if the adopting parent died and the
adopted child inherited from the adopting
parent, the legitimate parents or biological
parents may inherit from the adopted child,
kase anak parin naman nila yan.
biological parents will remain testate or
intestate heirs of the adopted child. So pwede
parin silang mag inherit.
CLARIFICATION:
- With respect to the collateral relatives,
which is limited only to the blood
brother or sister.
Q: May right of representation pa
tayo pagdating sa collateral relatives?
A: Yes. Same rule pagdating sa right of
representation in the collateral line. It
is only limited to the nephews and
nieces. →Meaning the child of the
blood brother or sister.
NOTE: Pagdating sa adoptive
brother, adoptive sister hindi sila
kasama sa heirs of the adopted child
kase it is only personal, purely
personal between the adopting
parent and the adopted child. So ang
pinaguusapan lang natin is yung estate
of the adopting parent.
- Hindi natin inaapply yung rule natin na
Iron Curtain Rule under your adoption.
So hindi natin pwedeng sabihin na with
respect to the estate of the adoptive
sister, assuming pinaguusapan natin is
the estate of the sister under your
adoption. Paano pag yung estate ni
sister, doon sa adoptive sister niya. So
sabi natin it is purely personal between
the adopting parent and the adopted
child. The adopted child cannot
actually inherit from the estate of the
adoptive sister.
STUDENT QUESTION: Kung ang
survivor is adopting parent tsaka si biological
parent, sabi niyo po the adopting parent shall