G.R. Nos. 208912 and 209018, December 7, 2021
Facts:
Miguel T. Aquino (Miguel), died intestate on July 5, 1999, leaving personal and real properties. The estate of his first wife, Amadea C. Aquino (Amadea), who had died earlier on September 27, 1977, was already settled in 1978. Miguel was survived by: (1) Enerie B. Aquino, his second wife; (2) Abdulah C. Aquino (Abdulah) and Rodolfo C. (Rodolfo) Aquino, his sons with Amadea; and (3) the heirs of Wilfredo C. Aquino, his son with Amadea who also died earlier. Miguel was also predeceased by another son with Amadea, Arturo C. Aquino (Arturo).
On May 7, 2003, Rodolfo filed before the Regional Trial Court a petition for the letters of administration of his father’s estate.
Angela moved that she be included in the distribution and partition of Miguel’s estate. She alleged that she was Arturo’s only child. She presented a July 5, 2003 Certification from the hospital, stating that she was Arturo and Susan Kuan’s daughter. According to Angela, Arturo died on January 10, 1978, before she was born on October 9, 1978. While her parents were not married, they did not suffer from any impediment to marriage. Her parents were planning to marry before Arturo died. Angela claimed that her grandfather, Miguel, took care of her mother’s expenses during her pregnancy with her. Her mother was also attended by the Aquinos’ family doctor. Moreover, Angela lived with her mother and the Aquino family at their ancestral home. Since her birth, her father’s relatives had continuously recognized her as Arturo’s natural child. Her father’s brother, Abdulah, was even her godfather. In support of this, Angela presented her baptismal certificate stating that she was Arturo’s daughter. Rodolfo opposed Angela’s Motion, claiming that Arturo never legally recognized Angela as his natural child in his lifetime. Angela also never presented sufficient evidence to prove her filiation. Moreover, Rodolfo alleged that Angela was born more than nine months from Arturo’s death. Therefore, there was no way of knowing if Angela was Arturo’s child.
On April 22, 2005, the Regional Trial Court issued an Order that granted Angela’s July 2, 2003, and March 7, 2005 Motions. It ruled that the Aquino clan was already estopped from denying Angela’s filiation. As heir, Angela was deemed entitled to a share in Miguel’s estate. On August 23, 2012, the Court of Appeals rendered a Decision, denying Rodolfo’s Petition on the grounds of wrong remedy and violation of the principles of forum shopping and res judicata. Rodolfo moved for reconsideration, but his motion was also denied in an August 1, 2013 Resolution. Rodolfo argued that Angela was already barred from claiming her nonmarital filiation to Arturo since she was born after his death. Even if she were Arturo’s nonmarital child, Rodolfo noted that she cannot represent him in Miguel’s estate under Article 992 of the Civil Code. Moreover, assuming that she was Miguel’s granddaughter, she was still not entitled to the grant of P64,000.00 monthly allowance since, says Rodolfo, the Civil Code limits the provision of an allowance to the decedent’s widow and children
In any case, even if Angela were able to establish her filiation, the Court of Appeals ruled that she could not inherit ab intestato from Miguel. It cited Article 922 of the New Civil Code, which provides that nonmarital children cannot inherit ab intestato from their parents’ marital relatives. Angela contended that Article 992 of the Civil Code‘s presumed antagonism between the marital and nonmarital family should only apply to immediate families. Her grandfather “cannot be presumed to hate his own grandchild.” Article 992 cannot be interpreted to apply to the relatives in the ascending line. It should only apply to collateral relatives.
Issue:
Whether or not Amadea Angela K. Aquino (the alleged nonmarital child of Arturo C. Aquino, who was a marital child of Miguel T. Aquino) can inherit from her grandfather’s estate
Ruling:
Yes, Angela can inherit from her grandparent’s estate, if she can prove her filiation. The court held that a child whose parents did not marry each other can inherit from their grandparent by their right of representation, regardless of the grandparent’s marital status at the birth of the child’s parent. Under Article 982 of the Civil Code, 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 Article 982 in the present case, where the grandchild’s right to inherit from their grandparent is in issue is more in accord with our State policy of protecting children’s best interests and our responsibility of complying with the United Nations Convention on the Rights of the Child.
However, the application of Article 982 here does not automatically give Angela the right to inherit from Miguel’s estate. Angela must still prove her filiation.
Real LexEcon 