Adrian Rufo P.

Naragas Persons and Family Relations

“Aquino vs. Aquino Case: SC revised the Iron Curtain rule”

In the landmark case of Aquino vs. Aquino, the Supreme Court ruled that
“children, regardless of their parents’ marital status, can now inherit from their
grandparents and other direct ascendants by right of representation”. In effect, the
Supreme Court disregarded the “iron-curtain rule” and reinterpreted Article 992 of the
Civil Code which provides that “An illegitimate child has no right to inherit an intestate
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.”

Also, the Supreme Court did not just revise the Iron Curtain Rule but it also
changes the terminology of “illegitimate children” into “non-marital children”. The
decision used the terms “marital” and “non-marital” children to replace the terms
“legitimate” and “illegitimate” children.

The said principles established by the Supreme Court fits in our society where we
have become more modern and progressive. This is also necessary in order to avoid a
hostile environment or perception between the marital and nonmarital sides of the
family. The landmark ruling diminishes the stigma to be worn by children who were
born to parents who did not marry. Also, it removes the impairment of the rights of the
non-marital children and creates a new right where non-marital children can now inherit
from their grandparents by the right of representation.

Given by the said circumstances provided in the said ruling, this opens an
opportunity not only to the people affected but also to the legislators to amend our laws
to conform to the modern society.