be replaced by the biological parents.
Sir Common provision in Intestate and
paano naman po sa cases wherein the adopted
child is a foundling po? In bad fate po si
biological parents, Sir. Wala po bang legal
recourse si adopting parent kase parang
unfair po sa part nila eh.
A: Actually, walang nakalagay sa batas with
respect to the child. Na yung parents being
disinherited. Although pwede siguro
pagdating sa will, sa testate succession. Kase
abandonment is considered a reground
actually of valid disinheritance. Kung may
will si adopted child he can actually or validly
disinherit yung kanyang biological parents on
that ground. Pero if yung ating decedent,
yung adopted child died intestate, sabi nga
natin wala tayong valid disinheritance sa
intestate succession. So despite yung lapses
actually on the part of the parents they would
still be considered as intestate heirs. They
will remain as intestate heirs of the deceased.
Kahit gaano pa sila kasama.
Day 23
For purposes of distribution of the estate
(Free Portion -- Order of priority)
1. Institution -- Instituted heir
2. Substitution -- In cases where there
is an institution of an heir however, he
can designate a substitute incase of
predeceased, incapacity, or
repudiation
3. Representation -- Provided it is
proper
4. Accretion
5. Intestate Succession
NOTE: it will not affect the legitime of the
deceased considering that when it comes
to the legitime it is mandatory for the
compulsory heirs of the deceased; no
impairment of the legitime except for valid
disinheritance
Testate Succession
Representation: (Art 970) is a right created
by fiction of law, by virtue of which the
representative is raised to the place and the
degree of the person represented, and
acquires the rights which the latter would
have if he were living or if he could have
inherited.
Q: When do we have a right of
representation in Testate Succession?
A: In case of predeceased, incapacity,
and disinheritance. Further, the right of
representation applies only to the
legitime. There is no right of
representation among voluntary heirs
with regards to their share in the free
portion.
NOTE: Instituted heir do not have a
right of representation in case of
predeceased, and in case of incapacity
Q: When do we have a right of
representation in Intestate Succession?
A: In case of predeceased, and incapacity.
NOTE:
• With respect to adoption there is no
right of representation. The adopted
child does not have the right to
represent the adopting parent from the
inheritance.
• The representative succeeds or
inherits not from the person he is
representing but the person whom he
represented. i.e. X is the testator, A is
the legitimate child, A has a decedent
B, if A predeceased X, the rule is, B
did not inherit from A. B inherits
from X. In this case, B will not be
held liable for any debts of A, there
is no transmission of rights coming
from A.