Slide 8: So when are instances that the right to inherit is transmitted // rather // to the ascendants?

Video 1: Hello, I am Victor Fernandez, let me share with you in this video the concepts of intestate
succession // where ascendants may inherit property of the decedent descendant.

Succession // as an action or process of inheriting // is one contentious topic between relatives.

Slide 8: Albeit, it is quite a dark comedy that we commonly hear relatives squabble over the property of
the deceased // even fighting it out in the courts for years // and even decades // instead of uniting
altogether mourning the love one that passed away and honoring the dead’s memory that // in the
end // they are happy over the property of what was left behind by that love one. Thus // we need to
understand these basic principles to have a better understanding on how the law operates with such
matters.

Slide 9: Yes, the rule on succession or the act of inheriting normally pertains to the right to inherit going
to the descending line (or the descendant // usually the offspring or children of the descendant as
highlighted here in Article 978 and 979 of the New Civil Code of the Philippines. In the question // we
simply do not see Fred having a descendant. So how do we resolve on who will inherit the 1 million
dollar cash of Fred?

Slide 10: We can find the answer in the succeeding article of the aforesaid law under Article 985.

Slide 11: Thus, we can deduce from the law that since Fred does not have any offspring or children
capacitated or able to inherit, this provision of law stated that Fred’s parents and/or ascendant’s right to
inherit is now open.

So going back to the case, Fred is survived by his father and thus is entitled to inherit the 1 million
dollars from him.

How about Fred’s brother? Is he entitled to inherit?

Slide 12: Fred’s brother is considered a collateral relative. Fred never ascended nor descended from his
brother, meaning his existence is premised on the love of his dad and mom thus bearing him as
offspring. Thus, he owes nothing of his existence to his brother // thus his brother is excluded to inherit
from him anything.

Slide 13: So again for emphasis // where does the 1 million dollars go?
Slide 14: Will Jhon Cena inherit it by himself

Slide 15: Obviously Fred’s father will inherit it, he is the one and only Jhon Cena, hehe! Good for him. //
Now will he inherit it with his surviving son?

Slide 16: Your answer should be No, why? // Well This bungling son, this hillbilly is simply just a collateral

Relative // as explained before. We owe our lives to our parents but not to our siblings. So how can this
hillbilly brother be able to get his hands to the cash?

Slide 17: He may perhaps get a chance to get this cash if Jhon Cena quote unquote “mysteriously” pass
away. I told you there is dark comedy in this. So if Jhon Cena upon receiving the 1 million dineros pass
away suddenly, this hillbilly surviving son may inherit Fred’s money, // which was transmitted to their
dad, then the dad passes away opening succession for that son to inherit//

Which provision of law now applies with this new condition? Article 978-979 is inheritance from
Decedent to the Descendant, while Article 985 // which is our topic // is inheritance from the Decedent
to the Ascendant // this is due to absence of any able descendant as in the example.

Now what can stop the hillbilly surviving son from getting anything?

Slide 18: Well, he might have forgotten that his mom is qualified as an ascendant to Fred. Thus, mom
may inherit. So granting Jhon Cena and his wife is living how are their portions of Fred’s 1 million
dollars? Let us listen to the next Article 986:

Slide 19: Read.

Slide 20: So the parents of the deceased Fred will inherit equally 50/50.

Slide 21: So again, if Jhon Cena dies due to “mysterious” circumstances, the mom gets the entire estate.
Sorry hillbilly.

Slide 22 Read. Parents indeed are entitled since without them Fred would not have existed in the first
place.

SLide 23: even if one dies, the right to represent the interest of the parent who died goes to the
surviving parent.

Slide 23: (Voiceover Read)

Slide 24: So again the key question. What are your guesses?

Slide 25: Here is the relevant article in the next slide.

Slide 26: (Read)

Slide 27: Remember ascendants nearest shall inherit in case the parents are deceased

Slide 28: So equal degree of distribution, ½ for the paternal side and another half for maternal side

Slide 29: Thus, both paternal and maternal grandpa is gleaming and happy! Love your grandparents!

Slide 30: (Voiceover read)

Slide 31: Will his illegitimate children and live in partner inherit?

Slide 32: (Read)

Slide 33: So Fred is mad, his bastard rebellious illegitimate son will inherit.

Slide 34: Good question.

Slide 35: No, a common law wife will never inherit and disqualified from inheriting anything.
Don’t be a mistress or querida!

Slide 36: If Fred’s bastard rebellious illegitimate child dies, the illegitimate son’s own son shall by
representation inherit his dad’s share. Now Fred is madder!

Slide 37: (Read)

Slide 38: (Read) Thus, Fred’s parents and Fred’s illegitimate kids will inherit equally. One portion for the
parents and one portion for the illegitimate kids.

Slide 39: How about this devil child, the son of the illegitimate child of Fred?

Slide 40: No he may not inherit against the rights of other blood relatives of Fred since he is an
illegitimate child with less rights. So the baby is mad!

Slide 41: This is the sad rationale under the Iron Curtain Rule. I hope half siblings would still live
harmoniously with each other even if they are not full blooded brothers and sisters.

Slide 42: So, if the illegitimate child is successful and dies, the legitimate relatives are barred from
inheriting from that illegitimate child or vice versa.

Slide 43: How do we reconcile these seemingly contrasting provisions, this chart may help.

Video 2: So what is the lesson we learned? Yes // ascendants may inherit from the decedent in the
absence of the descendants capacitated to inherit. With the developments under Aquino v. Aquino, the
Iron Curtain Rule is in the process of being revisited. //

We hope you enjoyed this video.