Dear PAO,

I am the only legitimate child of my parents, but prior to my parents’ marriage in the year 2000, my mother had a son from her previous partner, to whom she was never married. My half-brother died in the year 2020, and last year, my mother also died. My half-brother’s wife now claims that she and her children also have a right to the properties left by my mother. I want to know if this is true.

Larry

Dear Larry,

Please be informed that Articles 887, 895 and 972 of Republic Act (RA) 386, otherwise known as the “New Civil Code of the Philippines,” provide:

“Article 887. The following are compulsory heirs:

“(1) Legitimate children and descendants, with respect to their legitimate parents and ascendants;

“(2) In default of the foregoing, legitimate parents and ascendants, with respect to their legitimate children and descendants;

“(3) The widow or widower;

“(4) Acknowledged natural children, and natural children by legal fiction;

“(5) Other illegitimate children referred to in article 287.

“Compulsory heirs mentioned in Nos. 3, 4, and 5 are not excluded by those in Nos. 1 and 2; neither do they exclude one another.

“In all cases of illegitimate children, their filiation must be duly proved.

“The father or mother of illegitimate children of the three classes mentioned shall inherit from them in the manner and to the extent established by this Code. (807a)

“Article 895. The legitime of each of the acknowledged natural children and each of the natural children by legal fiction shall consist of one-half of the legitime of each of the legitimate children or descendants.

“Article 972. The right of representation takes place in the direct descending line, but never in the ascending.

“In the collateral line, it takes place only in favor of the children of brothers or sisters, whether they be of the full or half blood.”

Relatedly, in the case of Intestate Estate of Petra vs. Rosales, Irenea C. Rosales vs. Fortunato Rosales et al., GR L-40789, Feb. 27, 1987, penned by Associate Justice Emilio Gancayco, the Supreme Court ruled the following:

“The aforesaid provision of law refers to the estate of the deceased spouse in which case the surviving spouse (widow or widower) is a compulsory heir. It does not apply to the estate of a parent-in-law.

“Indeed, the surviving spouse is considered a third person as regards the estate of the parent-in-law.”

It is clear from the foregoing that your brother, who is a non-marital child, is entitled to the equivalent of half of your inheritance from your late mother. For the reason that he passed away earlier than your mother, his inheritance will be transferred to his children through the “right of representation.” Meanwhile, his wife has no right to the said inheritance because the representation is only for relatives belonging to the direct descending line, such as his children. Therefore, in your case, only you and your brother’s children are the compulsory heirs entitled to inherit from your mother.

We hope that we were 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 on.

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]