Right of Representation in the Descending Line

Under Civil Law in the Philippines, the right of representation is governed by the provisions of the Civil Code, specifically within the laws on Wills and Succession. It is a mechanism allowing the descendants of a predeceased or incapacitated heir to step into their place and inherit as if the original heir had been alive or capable of inheriting. This is especially relevant in both testate and intestate succession.

1. Legal Basis:

Articles 970 to 975 of the Civil Code explicitly discuss the right of representation.
Article 970 states:
"Representation is a right created by law for the descendants of a deceased heir to succeed to their inheritance in place of the deceased, as if the latter were still alive."

2. Scope of the Right of Representation

The right of representation applies strictly in the descending and collateral lines under specific conditions:

Descending Line:
- Representation is allowed when a child or descendant of the decedent dies or becomes incapacitated before the decedent.
- The representative (grandchild, great-grandchild, etc.) steps into the shoes of the predeceased or incapacitated heir.
Collateral Line:
- Representation occurs among nephews and nieces in the absence of living siblings of the decedent. This is covered under Article 975, but its detailed rules are outside the direct purview of the descending line.

3. Conditions for the Exercise of Representation

Existence of a Predeceased or Incapacitated Heir:
- The original heir must be deceased or incapable of inheriting (e.g., due to disinheritance, predeceasing the decedent, renunciation of inheritance, or incapacity).
- Representation does not apply to living heirs who renounce their share unless the law explicitly provides otherwise.
Intestate Succession:
- If no will exists, the descendants may represent the predeceased heir under the default rules of intestate succession.
Testate Succession:
- Representation occurs only if explicitly allowed by the terms of the will, or when the will does not bar the right of representation.

4. Share of the Representative

Representatives inherit per stirpes, meaning they divide among themselves the share the predeceased heir would have received if alive.
If the deceased heir would have received one-third of the estate, and they are represented by three children, each representative will inherit one-third of the one-third portion (i.e., one-ninth of the entire estate).

5. Legal Characteristics

Automatic by Operation of Law:
- The right of representation arises without the need for judicial intervention or explicit mention in a will.
Exclusive to Blood Relations:
- Representation is exclusive to legitimate, illegitimate, or legally adopted descendants.
- Spouses or in-laws cannot exercise the right of representation.
Immutability of Degrees:
- Representatives cannot bypass their immediate predecessor. For example, grandchildren inherit only if their parent (the child of the decedent) is deceased or disqualified.

6. Limitations and Exceptions

Express Provisions of a Will:
- A testator may validly disinherit a particular descendant or specify other modes of distribution, overriding the default right of representation.
Incapacities:
- Representatives who are themselves incapacitated or unworthy (e.g., those found guilty of certain crimes against the decedent) cannot inherit.
Renunciation:
- If the representative renounces their share, representation does not cascade further unless explicitly provided by law.

7. Practical Implications

Estate Planning:
- Proper estate planning should account for potential representation issues, especially when dealing with multiple generations.
Judicial Application:
- Disputes on representation often arise when multiple branches of the family claim a share, necessitating precise application of the rules.
Taxation:
- Estate taxes will apply based on the value of the share inherited through representation.

8. Illustrative Example

Consider the following scenario:

Decedent has two children: A and B.
A predeceased the decedent but left behind three children: A1, A2, and A3.
Upon the decedent's death, A’s share of the estate is divided equally among A1, A2, and A3, with each receiving an equal share of what A would have inherited.

9. Judicial Precedents

Philippine case law has consistently upheld the principle that the right of representation arises automatically and operates to preserve the equitable distribution of inheritance among descendants.

By understanding these nuances, heirs and legal practitioners can navigate succession issues with clarity and fairness.