The Iron Curtain Rule

By law, illegitimate children are considered compulsory or legal heirs of their parents.

This means they have the right to inherit from them with or without a Last Will and Testament.

Children are of course considered illegitimate if they are conceived and born outside a valid marriage.

But do they also have the right to inherit from the legitimate children and relatives of their parents?

If it is an intestate succession, that is, when a person dies without a will, they have no right to inherit from the legitimate children and relatives of their parents.

The legitimate children and relatives of their parents in turn also have no right to inherit from them.

This is in consonance with what is known in law as “The Iron Curtain Rule,” which bars illegitimate children from inheriting from the legitimate children and relatives of their parents and vice-versa.

It was made part of our laws in order to avoid further grounds of resentment between the legitimate and illegitimate family given the intervening antagonism and incompatibility that is presumed to exist between them.

But the rule finds no application in a testate succession, that is, when a person dies with a will.

This is so because it is based only on the presumed and not on the express will of the decedent.

Bear in mind that it is the express will of the decedent that will matter most and will be respected, if not followed, in a testate succession.

References:

Article 992 of the New Civil Code of the Philippines, Article 165 of the Family Code of the Philippines, Cresenciano Leonardo vs. Court of Appeals, Maria Cailles, James Bracewell and Rural Bank of Paranaque, Inc., G.R. No. L-51263, February 28, 1983, Anselma Diaz, guardian of Victor, Rodrigo, Anselmina and Miguel, all surnamed Santero, and Felixberta Pacursa, guardian of Federico Santero, et. al. vs. Intermediate Appellate Court and Felisa Pamuti Jardin, G.R. No. L-66574, February 21, 1990, Olivia S. Pascual and Hermes S. Pascual vs. Esperanza C. Pascual-Bautista, Manuel C. Pascual, Jose C. Pascual, Susana C. Pascual-Bautista, Erlinda C. Pascual, Wenceslao C. Pascual, Jr., Intestate Estate of Eleuterio T. Pascual, Avelino Pascual, Isoceles Pascual, Leida Pascual-Martines, Virginia Pascual-Ner, Nona Pascual-Fernando, Octovio Pascual, Geranaia Pascual-Dubert, and the Honorable Presiding Judge Manuel S. Padolina of Br. 162, RTC, Pasig, Metro Manila, G.R. No. 84240, March 25, 1992, Benigno Manuel, Liberato Manuel, Lorenzo Manuel, Placida Manuel, Madrona Manuel, Esperanza Manuel, Agapita Manuel, Basilisa Manuel, Emilia Manuel and Numeriana Manuel vs. Hon. Nicodemo T. Ferrer, Presiding Judge, Regional Trial Court, Branch 37, Lingayen, Pangasinan, Modesta Baltazar and Estanislaoa Manuel, G.R. No. 117246, August 21, 1995, In the Matter of the Intestate Estate of Cristina Aguinaldo-Suntay; Emilio A.M. Suntay III vs. Isabel Cojuangco-Suntay, G.R. No. 183053, June 16, 2010.

 

 

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One thought on “The Iron Curtain Rule

  1. Good Day,

    Tanong ko lang po kung may babaguhin ba kami sa birth certificate ng anak namin kung halimbawang after 5 years pa nga kami nakapagdecide na magpakasal?

    Like

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