a) Ricky and Arlene are married. They begot Franco during their marriage. Franco had an illicit relationship with Audrey and out of which, they begot Arnel. Frnaco predeceased Ricky, Arlene and Arnel. Before Ricky died, he executed a will which when submitted to probate was opposed by Arnel on the ground that he should be given the share of his father, Franco. Is the opposition of Arnel correct? Why? (5%)
b) How can RJP distribute his estate by will, if his heirs are JCP, his wife; HBR and RVC, his parents; and an illegitimate child, SGO?
Suggested answer only. Not an official answer and not legal advice.
(a) No, Arnel's opposition is not correct. (b) RJP can dispose of by will only the 1/8 free portion after satisfying the legitimes of his compulsory heirs. Under Article 992 of the Civil Code, an illegitimate child cannot inherit from
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Quick check
Under Article 992 of the Civil Code, what is the legal effect of the iron curtain rule on an illegitimate grandchild's right to inherit from a legitimate grandparent?
Article 992 creates an absolute barrier prohibiting an illegitimate child from inheriting from the legitimate relatives of their parent.
Why is Arnel barred from opposing Ricky's will and claiming Franco's share in Ricky's estate?
Arnel is barred under Article 992 because an illegitimate child cannot inherit from or represent in the estate of a legitimate grandparent.
When legitimate parents, an illegitimate child, and a surviving spouse concur as compulsory heirs, what is the statutory legitime of the legitimate parents under Article 889?
Under Article 889 of the Civil Code, the legitime of legitimate parents is one-half of the net estate.
Under Articles 889 and 899 of the Civil Code, what share of the estate is reserved for the surviving spouse when concurring with legitimate parents and an illegitimate child?
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If RJP's compulsory heirs are his legitimate parents, surviving spouse, and an illegitimate child, what portion of his estate can he freely dispose of by will?
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1. Iron Curtain Rule
Under Article 992 of the Civil Code, 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 relatives inherit in the same manner from the illegitimate child. This statutory barrier, known as the iron curtain rule, prevents reciprocal intestate succession between illegitimate children and legitimate relatives of their parents. Consequently, an illegitimate child cannot represent his deceased parent in inheriting from his legitimate grandparents.
2. Concurring Compulsory Heirs
Under the Civil Code rules on testamentary succession, when legitimate parents concur with a surviving spouse and an illegitimate child, each group of compulsory heirs is entitled to a fixed statutory legitime. The legitimate parents receive one-half of the estate, the illegitimate child receives one-fourth, and the surviving spouse receives one-eighth. The total reserved legitimes amount to seven-eighths of the estate, leaving only the remaining one-eighth as the free portion.
3. Free Portion Calculation
Under Articles 889 and 899 of the Civil Code, the testator can freely dispose by will only of the remaining free portion after satisfying all compulsory legitimes. Where legitimate parents, a surviving spouse, and an illegitimate child concur, seven-eighths of the estate is strictly reserved by law for their legitimes. Consequently, the testator may freely bequeath to any person or institution only the remaining one-eighth free portion of his estate.