Topic: Effect of Illegitimate Filiation of the Representative as Qualified by the Ruling in Aquino v. Aquino (G.R. Nos. 208912 and 209018, December 7, 2021)

The doctrine established in Aquino v. Aquino (2021) significantly addresses the rights of illegitimate children in the context of succession, particularly regarding the principle of right of representation under both testate and intestate succession. The ruling harmonizes provisions of the Civil Code and Family Code with jurisprudence, ensuring constitutional protections for illegitimate children. Below is an in-depth discussion of the topic.

1. Right of Representation in Succession

The right of representation is governed by Article 970 of the Civil Code, which provides that representation takes place when a representative "succeeds the person whom he represents in the same rights which the latter would have if he were living."

Key Points:

Representation occurs only in the descending direct line or within the collateral line in cases explicitly allowed by law.
It applies both to testate and intestate succession.

In intestate succession, representation allows descendants to step into the place of their deceased ascendants to inherit from a common ancestor.

2. Illegitimate Filiation and Succession Rights

Precedent Principles:

Article 887 of the Civil Code explicitly includes illegitimate children as compulsory heirs. However, the distinction in their inheritance rights persists:
- Legitimate children inherit in full.
- Illegitimate children inherit only one-half of the share of a legitimate child.
Article 992 of the Civil Code provides for the rule of absolute separation between legitimate and illegitimate families:
- Illegitimate children cannot inherit from legitimate relatives of their parents, nor can legitimate relatives inherit from illegitimate children.

Application to Representation:

Prior to Aquino v. Aquino, it was generally interpreted that an illegitimate child could not represent a deceased legitimate parent in inheriting from the latter's legitimate ascendants or collateral relatives due to Article 992.

3. Ruling in Aquino v. Aquino

The Aquino case resolved the issue of whether an illegitimate child can exercise the right of representation in the inheritance of legitimate relatives. The Supreme Court, in a nuanced interpretation, clarified the following:

a. Recognition of Constitutional Protections

The Supreme Court underscored the constitutional mandate to protect the rights of illegitimate children as enshrined in the 1987 Constitution (Article II, Section 12, and Article XV, Section 3).
Any interpretation of the Civil Code must align with the constitutional principle of equality, ensuring no undue discrimination against illegitimate children.

b. Effect of Representation

The Court ruled that the principle of representation under Article 970 overrides the barrier established by Article 992, but only in specific contexts:
- If an illegitimate child represents their deceased legitimate parent, the child steps into the parent's shoes as an extension of the parent's rights.
- The illegitimate child does not directly inherit as an illegitimate relative of the ascendant but rather inherits through the deceased parent’s entitlement.

c. Refinement of Article 992

While Article 992 bars direct succession between illegitimate children and legitimate relatives, it does not preclude indirect succession via representation.
The Court distinguished between inheritance through representation (permitted) and inheritance in one’s own right (prohibited).

d. Significance of the Ruling

The ruling reaffirms the equal protection rights of illegitimate children.
It clarifies that the right of representation does not confer a personal right to inherit directly but instead acknowledges the representative’s derivative rights.

4. Implications of the Ruling

a. Legal Framework Adjustments

The interpretation of Articles 970, 887, and 992 must now integrate the Aquino doctrine. Legal practitioners must carefully delineate between cases of direct and representative inheritance involving illegitimate children.

b. Practical Applications

Illegitimate children can now represent their deceased legitimate parent to inherit from legitimate grandparents or other legitimate relatives.
For example, in intestate succession, if a legitimate parent predeceases a legitimate grandparent, the illegitimate child may inherit the legitimate parent’s share of the estate as a representative.

c. Impact on Wills

In testate succession, the compulsory heirship rights of illegitimate children (including rights via representation) must be respected. Any attempt to disinherit or omit them must be compliant with the grounds under Article 919 of the Civil Code.

d. Equitable Outcomes

The ruling advances a more inclusive legal approach that aligns with modern constitutional values, particularly equality and non-discrimination.

5. Conclusion

The Aquino v. Aquino decision is a landmark ruling that reconciles conflicting provisions in succession law with constitutional principles. By allowing illegitimate children to exercise the right of representation, the Supreme Court has ensured a more equitable application of inheritance laws while maintaining the integrity of the Civil Code framework. Legal practitioners must consider this ruling in all succession cases involving complex familial relationships.