Concern (Restated in English)
The writer, an elderly Filipino woman, seeks legal advice regarding her claim to the inheritance of her late daughter's property. Her daughter passed away in 2013 without legitimate children but with two adopted children whose birth certificates were allegedly falsified. The estate includes a Boracay resort sold for ₱250 million, from which she received no share. The writer now wishes to pursue her rightful inheritance but faces challenges, including the death of her husband in 2023, her advanced age, and the prior inaction by her family.

∇ Legal Contemplator

The complexity of this matter lies in inheritance law, legitimacy of the adoption, and procedural time limitations. Let's unravel this step by step.

Initial Observations

The Deceased Daughter’s Estate
- She was married to a British national and left no legitimate biological children.
- Two children, who were allegedly adopted unlawfully, appear to be central to the inheritance issue.
Alleged Falsification of Adoption
- The claim that birth certificates were falsified and that a midwife participated in this act raises legal and ethical questions.
- If proven, the adoption could be voided. However, gathering evidence for a case that began decades ago is daunting.
The Boracay Property Sale
- The property’s sale (₱250 million) without distributing any share to the maternal family highlights the urgency to clarify inheritance rights.
The Writer’s Position
- At 91 years old, with limited resources and no personal property, she is dependent on her eldest daughter.
- She appears to seek her intestate share, possibly as an ascendant of the deceased.

Understanding the Law

Applicable Laws in the Philippines

Intestate Succession Rules (Civil Code of the Philippines)
- If a person dies without a will, the estate is distributed to legal heirs.
- Ascendants (parents) have the right to inherit if there are no legitimate descendants.
Rights of Adopted Children
- Legitimately adopted children are considered legitimate heirs under Philippine law.
- Falsified adoptions could be declared null and void if proven, potentially disqualifying such children from inheritance.
Prescription Period for Filing Cases
- Claims related to inheritance generally have a prescriptive period. Actions to question the legitimacy of an adoption or claim an intestate share must often be filed within a limited timeframe.
- The daughter's death in 2013 suggests a significant lapse of time, raising concerns about whether legal action is still possible.

Step-by-Step Legal Reasoning

1. Can the Writer Claim a Share of the Estate?

Inheritance Rights of Ascendants: If the deceased left no legitimate descendants, parents inherit a portion of the estate.
- However, the husband of the deceased may have been the primary heir under the rule of conjugal property, with the adopted children potentially inheriting after him.
- The presence of falsified adoptions complicates this further.

2. Are the Adopted Children Legal Heirs?

Falsification Claims:
- If proven, falsification voids the adoption, disqualifying the children as heirs.
- Legal proceedings are required to annul the adoption or establish its invalidity.
- However, this process is evidence-intensive, and decades have passed since the alleged falsifications.

3. Is the Claim Still Actionable?

Prescription Periods:
- Claims for inheritance and annulment of fraudulent adoptions are subject to statutory limitations.
- If the property was sold without proper consent, the claim might revolve around voiding the sale for lack of authorization.
- As the sale occurred post-2013, the timeline may still be actionable, depending on specific case details.

Challenges to Overcome

1. Proving Falsification

Obtaining old records, midwife testimonies, and corroborating evidence from decades ago may be difficult.
DNA tests could be considered if they challenge the biological parentage of the children.

2. Establishing Legal Standing

As a surviving ascendant, the writer’s rights must be clearly established to justify her share of the estate.
Competing claims from the husband’s heirs or the adopted children may complicate matters.

3. Financial and Procedural Barriers

Litigation costs, legal fees, and time constraints are significant hurdles for the writer, given her age and financial situation.
Support from family or pro bono legal services could be essential.

Potential Legal Strategies

1. Challenge the Adoption Legitimacy

File a petition to nullify the adoption if evidence supports the claim of falsification.
Present DNA evidence, if feasible, and testimony from witnesses or experts.

2. Assert Intestate Rights

File a claim asserting the writer’s share under intestate succession laws.
Seek annulment of the property sale if consent was improperly obtained or fraudulent.

3. Mitigate Financial Strain

Explore pro bono legal assistance or consult government agencies offering free legal aid.

Conclusion

The writer may have a legal basis to claim a portion of her daughter’s estate as an ascendant, particularly if the alleged falsified adoptions can be nullified. However, the significant time elapsed, coupled with procedural and evidentiary hurdles, complicates the case. Immediate legal consultation is necessary to assess the feasibility of filing claims or negotiating settlements.

Final Answer
Yes, you may pursue your share of your late daughter’s estate, but the path will require addressing several legal and procedural complexities. Consult a qualified attorney immediately to verify whether claims are still actionable given the time that has passed.