Dear PAO,
I dropped out of college to pursue my dream of becoming a beach travel blogger. Unfortunately, because I am just starting out as an influencer, I managed to max out all my credit cards, and my father, the one person who used to bail me out, had recently died. I am now drowning in debt, with expensive trips to Bali and Queensland already booked. I then realized that my rich grandparents, my father’s parents, are wealthy, and I realized that I can get out of my financial hole if I can inherit their money. The problem is, my father never married my mother; hence, I am an illegitimate child, even though my father was a legitimate child of my grandparents. Please tell me that I can inherit my grandparents’ riches even though I am an illegitimate grandchild. I really need their money to pursue my passion and keep up appearances for my followers online.
Xersi-Lyn
Dear Xersi-Lyn,
Yes, even though you are an illegitimate child of your father, you may certainly inherit from his legitimate parents, namely your grandparents.
Indeed, the Supreme Court, speaking through Associate Justice Mario Victor Leonen, in the case of Amadea Angela K. Aquino v. Rodolfo C. Aquino, et al. (GR 208912, Dec. 7, 2021), explained that an illegitimate grandchild may inherit from her grandparents, in this wise:
“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. Nonmarital children are removed from their parents and ascendants in the same degree as marital children. Nonmarital children of marital children are also removed from their parents and ascendants in the same degree as nonmarital children of nonmarital children. xxx
“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. (Emphasis supplied)
“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.”
Here, while you are the nonmarital or illegitimate child of your father, that fact does not deprive you of inheriting in representation of his share from his own parents, namely your grandparents. You still have the right of representation of his share and his inheritance. This is the current state of our jurisprudence that abandons the old belief that illegitimate grandchildren cannot inherit from their grandparents.
We hope that we were able to answer your queries. This advice was solely based on the facts you have narrated and our appreciation of the same. Our opinion may vary when other facts are changed or elaborated.
Thank you for your continued 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 dearpao@manilatimes.net
