Digest by Joy Louise T. Evidente
FACTS
On May 7, 2003, respondent Rodolfo Aquino filed before the RTC a petition for the letters of administration of his father’s estate. He alleged that his father, Miguel T. Aquino died intestate on July 5, 1999, leaving personal and real properties. Miguel was survived by his second wife Enerie, his sons from the first wife Abdulah and Rodolfo, and the heirs of Wilfredo Aquino.
On July 2, 2003, Amadea Angela Aquino, herein respondent, moved to be included in the distribution and partition of Miguel’s estate as the only child of Arturo Aquino, a deceased son of Miguel. She presented a July 5, 2003 certification from the hospital stating that she was Arturo and Susan Kuan’s daughter. She alleged that Arturo died before she was born and while her parents were not married, they planned to do so. Angela claimed that Miguel took care of her mother’s expenses during her pregnancy. Since her birth, her father’s relatives had continuously recognized her as Arturo’s natural child and that Abdulah was her godfather.
Rodolfo opposed Angela’s motion claiming that Arturo never legally recognized Angela as his natural child in his lifetime and that she had never presented sufficient evidence to prove her filiation. That she was born more than 9 months after Arturo’s death. The RTC issued an order granting Angela’s motion, ruling that the Aquino clan was estopped from denying Angela’s filiation and that as heir, Angela was entitled to share in Miguel’s estate.
ISSUE
Whether a child whose parents did not marry can inherit from her grandfather’s estate.
RULING
YES, such a child may inherit. The Court in this case abandoned the presumption held in previous cases that nonmarital children are products of illicit relationships or that they are automatically placed in a hostile environment perpetrated by the marital family. The best interest of the child should prevail. The Court adopted a construction of Article 992 of the Civil Code which makes children, regardless of the circumstances of their births, qualified to inherit from their direct ascendants — such as their grandparents — by their right of representation.
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. 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.
Applying the above mentioned Article in situations where the grandchild’s right to inherit from their grandparent is in issue is more in accord with the State policy of protecting children’s best interests. It is also in compliance with our responsibility under the United Nations Convention on the Rights of the Child. This ruling will only apply when the nonmarital child has a right of representation to their parent’s share in his/her grandparent’s legitime. It is silent about collateral relatives where the nonmarital child may inherit by themself.
THE BARRISTER 