Dear PAO,
My grandparents died living a parcel of land. However, two of their children had died ahead of my grandparents. How should the property be divided? What will happen to the share of the deceased children?
May

Dear May,
 The law on succession governs the transmission of the ownership of the properties, rights and obligations of the deceased to the extent of the inheritance to his heirs (Article 774, Civil Code of the Philippines). The compulsory heirs of a deceased are the following: 1) legitimate children and descendants, with respect to their legitimate parents and ascendants; 2) in default of the foregoing, legitimate parents and ascendants, with respect to their legitimate children and descendants; 3) the widow or widower; 4) acknowledged natural children and natural children by legal fiction; 5) other illegitimate children referred to in Article 287 (Article 887, id.).

All of the heirs of the decedent must be alive at the time of the latter’s death to be able to succeed to the inheritance. One who is already dead does not have a juridical capacity and as such, can no longer be the subject of legal relations (Article 37, Civil Code of the Philippines).

As a rule, the two children of your grandparents who predeceased them shall no longer be given a share in their estate. However, a different rule will be observed if the heirs who predeceased your grandparents should also be survived by their own children or descendants, who shall have the capacity to represent them in the inheritance.

The right of representation in succession is created by fiction of law, by virtue of which the representative is raised to the place and the degree of the person represented, and acquires the rights which the latter would have if he were living or if he could have inherited (Article 970, Civil Code of the Philippines). This right shall take place in the direct descending line only.

In the collateral line, it takes place only in favor of the children of brothers or sisters, whether they be of the full or half blood (Article 972, Civil Code of the Philippines). Hence, if the children who predeceased your grandparents have surviving children or descendants when they died, the surviving children or descendants shall succeed to whatever property their deceased parents should have had if they were alive. On the other hand, if they died without any children or descendants, the whole estate of your grandparents shall be divided only among the heirs who are living at the time of their death.

 We hope that we were able to answer your queries. Please be reminded that this advice is based solely on the facts you have narrated and our appreciation of the same. Our opinion may vary when other facts are changed or elaborated.

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