Cases on Wills and Testaments

4009 WordsJul 29, 201317 Pages
WHAT IS THE IRON BAR RULE? In legal succession, there is absolute separation between legitimate family and illegitimate family. ARTICLE 992. An illegitimate child has no right to inherit ab intestato from the legitmate children and relatives of his father or mother; nor shall such children or relatives inherit in the same manner from the illegitimate child. Illustration A BD C E F G H I J Under Art. 992, I and J cannot represent F Under Art. 990, G and H can represent E Hence, an illegitimate can be represented by his children. Legitimate or illegitimate, but a legitimate child cannot be represented by his illegitimate children E cannot inherit from B and A D cannot inherit from C and vice-versa (…show more content…
HELD: We cannot subscribe to eh appellate court's ruling excluding Emilio III in the administration of the decedent's undivided estate. Mistakenly, the CA glosses over several undisputed facts and circumstances: The underlying philosophy of our law on intestate succession is to give preference to the wishes and presumed will of the decedent, absent a valid and effective will; The basis for Art. 992 of the Civil Code, referred to as the iron curtain bar rule is quite the opposite scenario in the facts obtaining herein for the actual relationship between Federico and Cristina on one hand, and Emilio III, on the other, was akin to the normal relationship of legitimate relatives. Emilio III was reared from infancy by decedent, Cristina, and her husband Federico, who both acknowledged him as their grandchild; Federico claimed half of the properties included in the estate of the decedent, Cristina, as forming part of their conjugal partnership and gains during the subsistence of their marriage; Cristina's properties forming part of her estate are still commingled with that of her husband Federico, because her share in the conjugal partnership, albeit terminated upon her death, remains undetermined and unliquidated; and Emilio III is a legally adopted child of Federico, entitled to share in the distribution of the latter's estate as a direct heir, on degree
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