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Mar 31, 2022 · In a Decision penned by Associate Justice Marvic M.V.F. Leonen, the Court En Banc reinterpreted Article 992 of the Civil Code, which prohibits nonmarital children from inheriting from their siblings who are marital children, as well as “relatives of [their] father or mother [.]”.
Mar 31, 2022 · In the past, the Court interpreted Article 992 as prohibiting non-marital children from inheriting from grandparents and other direct ascendants, including relatives. The case stemmed...
What is the iron-curtain rule? Art. 992 of the Civil Code provides that illegitimate children cannot inherit ab intestato from the legitimate children and relatives of his mother or father. Legitimate children and relatives cannot inherit in the same way from the illegitimate child.
Article 992 carves out an exception to the general rule that persons, by operation of law, inherit intestate from their blood relatives up to a certain degree. It does so through a classification of persons based on their birth status.
Under Article 992 of the New Civil Code, an illegitimate child has no right to inherit from the relatives of his or her father or mother except through testate succession. If the grandparents died intestate (meaning, they died without will and testament), an illegitimate child will not have a share to the properties of the grandparents.
Mar 31, 2022 · Article 992 of the Civil Code says an “illegitimate child has no right to inherit ab intestato from the legitimate children and relatives of his father or mother; nor shall such children or...
While the New Civil Code may have granted successional rights to illegitimate children, those articles, however, in conjunction with Article 992, prohibit the right of representation from being exercised where the person to be represented is a legitimate child.
