Right of representation

Dear PAO,

My husband passed away last June 2015 because of an incurable disease. Last year, his parents also passed away due to a vehicular accident. Since we do not have a child, can I inherit some of the properties of my parents-in-law as a representative of my deceased husband?

Hazel

Dear Hazel,

Please be informed that you cannot inherit any of the properties left behind by your parents-in-law by right of representation. This is in accordance to Articles 970 and 971 of the New Civil Code of the Philippines, which state that:

"ART. 970. Representation is a right 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 latter would have if he were living or if he could have inherited.

"ART. 971. The representative is called to the succession by the law and not by the person represented. The representative does not succeed the person represented but the one whom the person represented would have succeeded."

The concept of right of representation was elucidated by the Supreme Court in the case entitled, Intestate Estate of Petra V. Rosales v. Fortunato Rosales (GR 40789, Feb. 27, 1987, Ponente: Associate Justice Emilio Gancayco) as follows:

"The essence and nature of the right of representation is explained by Articles 970 and 971 of the Civil Code, viz —

"Art. 970. Representation is a right 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.

"Art. 971. The representative is called to the succession by the law and not by the person represented. The representative does not succeed the person represented but the one whom the person represented would have succeeded. (Emphasis supplied.)

"Article 971 explicitly declares that Macikequerox Rosales is called to succession by law because of his blood relationship. He does not succeed his father, Carterio Rosales (the person represented) who predeceased his grandmother, Petra Rosales, but the latter whom his father would have succeeded. Petitioner cannot assert the same right of representation as she has no filiation by blood with her mother-in-law.

"Petitioner however contends that at the time of the death of her husband Carterio Rosales he had an inchoate or contingent right to the properties of Petra Rosales as compulsory heir. Be that as it may, said right of her husband was extinguished by his death that is why it is their son Macikequerox Rosales who succeeded from Petra Rosales by right of representation. He did not succeed from his deceased father, Carterio Rosales."

Further, it was also mentioned in the said decision that the "the surviving spouse is considered a third person as regards the estate of the parent-in-law."

In your situation, the property to be inherited is from your parents-in-law and not from your husband. Since your husband predeceased his parents, his inchoate or contingent right to the latter's properties as a compulsory heir had been extinguished.

Likewise, the right of representation is available only to a blood relative and you cannot assert the same right since as a surviving spouse, you are considered a third person as to the properties left behind by your parents-in-law. Clearly, therefore, you do not have any right to inherit any of their properties.

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.