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  • Pwede bang makihati sa mana ang anak sa labas?
    Mr. CJ Manalo
    in General Discussion
    Posted Jul 2, 2023

    Pwede bang makihati sa mana ang anak sa labas?

    Inheritance matters can be complicated, but it's essential for everyone, including illegitimate children, to understand their rights when it comes to inheriting from their predecessors' estates. This article aims to simplify the concepts surrounding inheritance rights for illegitimate children, using a landmark court case as a reference. By exploring the key rulings and implications of this case, we hope to provide valuable insights for illegitimate children who may find themselves in similar situations.

    It's important to remember that this article is for informational purposes only and does not substitute professional legal advice. If you are an illegitimate child seeking guidance on inheritance matters, consulting a lawyer specializing in estate law is highly recommended.

    Case Reference: The Estate of Evarista M. dela Merced

    Background: The court case we are referencing involves the estate of Evarista M. dela Merced, who passed away without leaving a will. Evarista had five parcels of land, and her surviving heirs included her legitimate brother, niece, and the legitimate children of her deceased sister. The case primarily focuses on an illegitimate son of Evarista's deceased brother, who contested his exclusion from an extrajudicial settlement executed by the heirs.

    Understanding Inheritance Rights for Illegitimate Children:

    1. Inheritance Without a Will: When someone dies without a valid will, their estate is distributed according to the rules of intestate succession. These rules determine how the estate is divided among the legal heirs based on their relationship to the deceased.

    2. Rights of Illegitimate Children: In the past, the inheritance rights of illegitimate children were limited, especially in comparison to legitimate relatives. However, recent legal developments have recognized the rights of illegitimate children to inherit from their biological parents under certain circumstances.

    Key Rulings and Implications:

    1. Application of Article 992: In this case, the petitioners argued that the illegitimate son's claim should be denied based on Article 992 of the New Civil Code. This article traditionally restricted the inheritance rights of illegitimate children from their legitimate relatives.

    2. Recognition of the Illegitimate Son's Claim: However, the court ruling in this case deviated from the strict interpretation of Article 992. The court acknowledged the connection between the illegitimate son and his deceased father, granting him the right to inherit his father's share of the estate.

    Inheritance Opportunities:

    Illegitimate children now have the opportunity to claim their rightful inheritance from their biological parents, even if they have legitimate relatives. This recognition aims to provide fairness and protect the rights of illegitimate children in inheritance matters.

    Understanding inheritance rights for illegitimate children is important for individuals who may find themselves in similar situations. While this article has provided a simplified overview based on a landmark court case, it is advisable to seek professional legal advice tailored to your specific circumstances. If you are an illegitimate child seeking to assert your inheritance rights, consulting an experienced estate lawyer will ensure that your interests are protected and your rights are upheld.

    BY: CARLO JAY MANALO
    BS Real Estate Management, 2025
    Pamantasan ng Lungsod ng Maynila
    Legal Aspect of Real Estate | Succession

    Source: G.R. No. 126707 February 25, 1999

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