Right of Representation in Civil Law (Philippines)

The right of representation is a legal principle under the Civil Code of the Philippines that allows a descendant to step into the shoes of an ancestor and inherit in their place. It is applied in both testate (with a will) and intestate (without a will) successions under provisions common to both modes of succession. Below is an exhaustive discussion:

1. Definition of Right of Representation

Under Article 970 of the Civil Code:

The right of representation is a right created by fiction of law, whereby the representative is called to the succession by virtue of the relationship between them and the person they represent.
The representative steps into the place of the person represented and inherits the share the latter would have received had they lived.

2. Applicability of Right of Representation

The right of representation is allowed only in certain specific cases:

In the direct descending line (e.g., children, grandchildren):
- Representation takes place when a legitimate child of the deceased predeceases or is incapacitated to inherit, and their descendants (e.g., grandchildren) take their place in the succession.
- Example: If X dies, leaving a predeceased son (Y) and two grandchildren (A and B), A and B represent Y and inherit his share in equal parts.
In the collateral line (e.g., siblings and nephews/nieces):
- Representation occurs when a brother or sister of the deceased predeceases or is incapacitated to inherit, and the children of the predeceased sibling represent them.
- Example: If X dies, leaving a predeceased brother (Y) and a nephew (A, Y’s son), A represents Y in the inheritance of X's estate.

3. Scope of Right of Representation

Representation occurs only in cases of:

Legal Intestate Succession: If the deceased dies without a will.
Testamentary Succession with Substitution by Operation of Law: If the will fails to dispose of certain portions of the estate or includes express provisions for substitution.
Predecease, Incapacity, or Disinheritance of the Person Represented:
- If the ancestor (person to be represented) predeceases the decedent.
- If the ancestor is legally incapacitated (e.g., due to unworthiness, absence, or other legal grounds).
- If the ancestor is expressly disinherited by the decedent.

4. Limitation of Right of Representation

Representation does not apply in the following cases:

In Favor of Ascendants:
- Parents or grandparents cannot represent their children or grandchildren in succession. For example, a parent cannot represent a deceased child to inherit from their grandparent.
In Favor of Spouses:
- Spouses do not have a right of representation. If a spouse predeceases, their heirs (not their surviving spouse) represent them in succession.
Voluntary or Express Substitution in a Will:
- If a will names a substitute heir, the right of representation is overridden by the decedent’s testamentary intent.
Unequal Share Provisions in a Will:
- The right of representation may be excluded where the will expressly excludes or adjusts the shares of the represented descendants.

5. Representation in Testate vs. Intestate Succession

Testate Succession:
- If the decedent's will includes provisions for substitute heirs or conditional inheritance, the rules of the will take precedence, but representation may apply to legal heirs for the legitime (mandatory portion reserved for compulsory heirs).
Intestate Succession:
- The law determines shares of heirs, and representation automatically occurs in cases of predecease, incapacity, or disinheritance.

6. Effect of Representation on Shares

When representation occurs:

The representative divides the share of the person they represent.
- Example: If a predeceased parent has two children, these children inherit equal portions of their parent's share.
The division of shares respects the principle of per stirpes, not per capita:
- Per stirpes: Distribution follows the family line. Each "stirps" (branch) gets an equal share.
- Example: If X dies leaving 3 grandchildren from two predeceased children, the shares are:
  - ½ for one branch (shared equally among two grandchildren).
  - ½ for the other branch (to the single grandchild).

7. Key Articles of the Civil Code

The following articles govern the right of representation:

Article 970: Establishes the definition and principle of representation.
Article 971: Restricts representation to descendants of predeceased siblings or children.
Article 972: Clarifies that representation applies in both direct descending and collateral lines.
Article 973: Provides the rule of distribution when representation occurs: per stirpes and not per capita.
Article 974: Disallows representation for ascendants and spouses.
Article 975: Details incapacity or disinheritance as grounds for invoking representation.

8. Case Law and Jurisprudence

Philippine jurisprudence consistently upholds the principles outlined in the Civil Code:

Heirs Must Exist at the Moment of Death: For representation to occur, the person represented must have predeceased the decedent or be incapacitated as of the time of death.
Strict Application of Per Stirpes: Courts have consistently ruled that the division of shares should follow family branches, ensuring equitable distribution.

9. Practical Implications

For Descendants: Representation ensures that the estate passes down the family line, safeguarding the interests of grandchildren or nephews/nieces in cases of predeceased parents.
For Executors and Administrators: Executors must carefully identify heirs by representation and distribute shares accordingly, avoiding misapplication of per capita principles.
For Legal Drafting: Lawyers must draft wills carefully to either allow or restrict representation, particularly when unequal distributions or disinheritance are involved.

10. Illustrative Examples

Example 1: Descending Line Representation

Decedent: A
Predeceased: B (child)
Surviving Heirs: C (child), D and E (grandchildren of B)
Distribution: ½ to C; ¼ to D; ¼ to E.

Example 2: Collateral Line Representation

Decedent: A
Predeceased: B (brother)
Surviving Heirs: C (sister), D and E (nephews/nieces, children of B)
Distribution: ½ to C; ¼ to D; ¼ to E.

Conclusion

The right of representation ensures fairness and continuity in succession by recognizing descendants of predeceased or incapacitated heirs. However, its application is subject to strict legal rules and limitations. Proper legal guidance is crucial to ensure compliance with the law and the decedent’s intentions.