Letter to an Attorney

Dear Attorney,

I hope this letter finds you well. I am writing to seek your legal guidance on an inheritance matter concerning my late grandfather's estate in the Philippines. He passed away 15 years ago without leaving a last will and testament. My grandfather had eight children in total, three of whom are still alive. One of the surviving children is currently disabled. My father, the eldest among the siblings, predeceased my grandfather, but my mother is still alive.

My grandfather owned several properties, including a three-unit apartment building in Makati. Unfortunately, two of my surviving aunts believe that all these properties belong solely to them. My cousins and I, as grandchildren of the deceased, feel this is unjust.

I reside in the United States and would like to know if I have any rights to my late father’s share of the inheritance under Philippine law. I kindly request your detailed guidance on how the inheritance process works, what rights I may have, and how to pursue this matter legally.

Thank you for your assistance.

Sincerely,
Concerned Grandchild

Understanding Inheritance Rights Under Philippine Law

The legal scenario presented touches on key issues governed by the Philippine Civil Code and the Family Code. These laws dictate the inheritance rights of heirs in cases of intestacy (absence of a will), establishing clear rules on how an estate is to be distributed among surviving heirs. Below is a comprehensive discussion of the applicable legal principles.

1. Legal Succession in the Philippines

Legal or intestate succession occurs when a person dies without a valid will. The Philippine Civil Code, specifically Articles 960 to 1016, outlines the rules for intestate succession. The estate of the deceased is divided among the heirs following a strict order of succession, ensuring equitable distribution according to the law.

2. Order of Intestate Succession

In intestacy, the law prioritizes the following heirs:

Legitimate children and their descendants
If legitimate children are deceased, their own legitimate children (grandchildren of the deceased) inherit by representation.
Parents and ascendants
If no legitimate children or descendants survive, the parents or ascendants inherit.
Surviving spouse
The spouse inherits in concurrence with children or parents.
Collateral relatives
If no direct heirs exist, siblings, nieces, and nephews inherit.

3. Inheritance by Representation

Article 981 of the Civil Code allows grandchildren to inherit by representation if their parent (the deceased’s child) predeceases the grandparent. In your case:

Your father predeceased your grandfather.
As his child, you inherit the share your father would have received had he been alive. This right is equally shared among your father’s other children (your siblings, if any).

4. Legitime and Free Portion

Philippine succession law divides an estate into two portions:

Legitime: The portion of the estate reserved by law for compulsory heirs.
Free Portion: The part of the estate the deceased could have freely disposed of in a will. In intestacy, this is distributed among heirs according to the rules of succession.

5. Rights of Grandchildren

As a grandchild:

You are a compulsory heir, inheriting through representation under Article 981.
Your share is equal to what your father would have received had he been alive.
The share you inherit is part of the legitime.

6. Surviving Spouse’s Rights

Under Article 996 of the Civil Code:

The surviving spouse inherits in concurrence with legitimate children or their representatives.
The surviving spouse receives the same share as a legitimate child.

In your case, your mother, as the surviving spouse of your late father, does not inherit from your grandfather. Instead, her rights are tied to the conjugal or community properties of your father and grandfather, if applicable.

7. Rights of Surviving Children of the Deceased

The surviving children of your grandfather, including your two aunts, also inherit equal shares of the estate. However:

The estate must first be divided among all legitimate heirs, including grandchildren representing their deceased parents.

8. Steps to Assert Your Rights

A. Extrajudicial Settlement

An extrajudicial settlement is possible if all heirs agree to divide the estate amicably. This requires:

A written agreement signed by all heirs.
Publication of the settlement in a newspaper of general circulation for three consecutive weeks.

B. Judicial Settlement

If disputes arise, a judicial settlement becomes necessary. The court will determine the lawful heirs and divide the estate accordingly.

C. Action for Partition

You and other grandchildren may file an action for partition under Rule 69 of the Rules of Court. This ensures a fair division of the properties.

9. Statutory and Procedural Considerations

A. Statute of Limitations

Under Article 1144 of the Civil Code, actions to recover inheritance rights prescribe in 10 years from the date of possession by another heir. Since 15 years have passed, any claims may depend on whether your aunts' possession was adverse to your rights.

B. Documentation

Ensure you secure:

A copy of your grandfather’s death certificate.
A list of properties and titles under your grandfather’s name.
Proof of filiation (e.g., birth certificates linking you to your father and grandfather).

C. Inheritance Tax

The estate must settle estate taxes with the Bureau of Internal Revenue (BIR) before distribution.

10. Special Considerations for Heirs with Disabilities

Under Article 1027 of the Civil Code, persons with disabilities are not disqualified from inheriting. The disabled sibling retains equal inheritance rights unless legally incapacitated (e.g., declared insane or disqualified for reasons under Article 1032).

11. Practical Challenges for Overseas Heirs

As an heir residing in the U.S.:

You may appoint a legal representative in the Philippines through a Special Power of Attorney (SPA) to act on your behalf in estate proceedings.
Coordination with Philippine-based relatives or attorneys is crucial for timely resolution.

Conclusion

Under Philippine law, you have a clear right to your late father’s share of your grandfather’s estate. Your inheritance is governed by representation under Article 981, ensuring you receive the same share your father would have received. Legal steps include asserting your rights through either an extrajudicial settlement or judicial intervention. As this matter involves multiple heirs, engaging an experienced Philippine lawyer is essential to protect your interests and navigate the complexities of estate distribution.