Dear PAO,
Can my girlfriend inherit from her paternal grandfather even if her parents were not married? Her father died when she was only about a year old. Ever since she was born until she graduated from college last year, her paternal grandfather had supported all her needs. Her paternal grandfather passed away a few months ago. To my girlfriend’s dismay, her aunt, the only sibling of her father, refuses to recognize her right to inherit from their father’s estate as a representative of her late father. Her aunt claims that, because my girlfriend is an illegitimate child, she is not entitled to inherit from her paternal grandfather as there is allegedly a barrier between an illegitimate child and the legitimate relatives of that child’s parents under Article 992 of the New Civil Code. Can my girlfriend insist on her claim? Please advise.
Godwin

Dear Godwin,
Article 992 of the New Civil Code of the Philippines provides that:

“Art. 992. 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 relatives inherit in the same manner from the illegitimate child.”
The abovementioned provision is also known as the “Iron Bar” rule or “Iron Curtain” rule. Under this rule, a legal barrier exists between an illegitimate child, and the legitimate children and relatives of his or her parents, in that, an illegitimate child cannot inherit from the legitimate children and relatives of his or her parent, and vice versa. This rule only applies if the decedent died intestate. The rationale behind this rule is the presumption of the existence of animosity and antagonism between an illegitimate child and the legitimate relatives of his or her parents.

However, the aforementioned legal presumption has been revisited by our Supreme Court. The prevailing construction of Article 992 of the New Civil Code, as penned by Senior Associate Justice Marvic M.V.F Leonen, in the case of Amadea Angela K. Aquino vs. Rodolfo C. Aquino and Abdulah C. Aquino (GR 208912, Dec. 7, 2021), Rodolfo C. Aquino vs. Amadea Angela K. Aquino (GR 208912, Dec. 7, 2021), has essentially removed grandparents and ascendants from the context of the term “relatives” under the mentioned provision:
“We adopt a construction of Article 992 that makes children, regardless of the circumstances of their births, qualified to inherit from their direct ascendants — such as their grandparent — by their right of representation. Both marital and nonmarital children, whether born from a marital or nonmarital child, are blood relatives of their parents and other ascendants. x x x

This interpretation likewise makes Article 992 more consistent with the changes introduced by the Family Code on obligations of support among and between the direct line of blood relatives. x x x
x x x

Accordingly, when a nonmarital child seeks to represent their deceased parent to succeed in their grandparent’s estate, Article 982 of the Civil Code shall apply. Article 982 provides:

ARTICLE 982. The grandchildren and other descendants shall inherit by right of representation, and if any one of them should have died, leaving several heirs, the portion pertaining to him shall be divided among the latter in equal portions.

The language of Article 982 does not make any distinctions or qualifications as to the birth status of the “grandchildren and other descendants” granted the right of representation. Moreover, as pointed out by Senior Associate Justice Estela Perlas-Bernabe, to allow grandchildren and other descendants, regardless of their birth status, to inherit by right of representation will protect the legitime of the compulsory heir they represent; otherwise, the legitime will be impaired, contrary to protections granted to this legitime in other areas of our law on succession.
x x x

To emphasize, this ruling will only apply when the nonmarital child has a right of representation to their parent’s share in her grandparent’s legitime. It is silent on collateral relatives where the nonmarital child may inherit by themself. We are not now ruling on the extent of the right of a nonmarital child to inherit in their own right. Those will be the subject of a proper case and, if so minded, may also be the subject of more enlightened and informed future legislation.” (Emphasis supplied)
Accordingly, your girlfriend may pursue her claim to inherit from the estate of her paternal grandfather by right of representation. Nevertheless, in order for her to lawfully be entitled to inherit, it is still incumbent upon her to establish her filiation with her late father, consistent with the provisions of Article 175 in relation to Article 172 of the Family Code of the Philippines.

We hope that we are able to answer your queries. This advice is based solely on the facts you have narrated and our appreciation of the same. Our opinion may vary when other facts are changed or elaborated.

We appreciate your trust and support.

Editor’s note: Dear PAO is a daily column of the Public Attorney’s Office. Questions for Chief Acosta may be sent to [email protected].