Can an illegitimate child inherit from the legitimate parents of his father?
According to the New Civil Code of the Philippines, an illegitimate child cannot inherit from the intestate estate of the legitimate children or relatives of his/her father or mother and vice versa. This is according to Article 992 of the code, which provides:
“Art. 992. An illegitimate child has no right to inherit ab intestato from the legitimate children and relatives of his father or mother; nor shall such children or relative inherit in the same manner from the illegitimate child.”
The Supreme Court in the case of Olivia S. Pascual vs. Esperanza C. Pascual-Bautista (G.R. No. 84240, March 25, 1992), expounded on the reason behind the prohibition mentioned in Article 992 of the code, to wit:
“Article 992 of the Civil Code provides a barrier or iron curtain in that it prohibits absolutely a succession ab intestato between an illegitimate child and the legitimate children and relatives of the father or mother of the legitimate child. They may have natural blood, but this is not recognized by law for the purposes of Article 992. Between the legitimate family and illegitimate family, there is presumed to be an intervening antagonism and incompatibility. The illegitimate child is disgracefully looked down upon by the legitimate family; the family is in turn hated by the illegitimate child; the latter considers the privileged condition of the former, and the resources of which it is thereby deprived; the former, in turn, sees in the illegitimate child nothing but the product of sin, palpable evidence of a blemish broken in life; the law does no more than recognize this truth, by avoiding further grounds of resentment.”
Also, the word “relatives” shall be construed in its general sense, which includes ascendants, among others. (Anselma Diaz vs Intermediate Appellate Court, G.R. No. L-66574 June 17, 1987)
That being the case, an illegitimate child cannot inherit from the legitimate parents of his/her father or mother, except through a will, duly executed by the latter in accordance with the form and solemnities prescribed by law, expressly bequeathing property to the former.
Again, we find it necessary to mention that this opinion is solely based on the facts you have narrated and our appreciation of the same. The opinion may vary when the facts are changed or elaborated.
We hope that we were able to enlighten you on the matter.
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