In landmark decision, SC revisits ‘iron curtain’ rule in inheritance of non-marital children

MANILA, Philippines — In a landmark ruling, the Supreme Court has revised the “iron curtain rule” and has allowed “non-marital” children to inherit from their grandparents and other relatives.

In a statement by its Public Information Office, the high court through a ruling penned by Associate Justice Marvic Leonen said that “children, regardless of their parent’s marital status, can now inherit from their grandparents and other direct ascendants by right of representation.”

The SC, in this latest ruling, reinterpreted Article 992 of the Civil Code, which specifically states: “An illegitimate child has no right to inherit ab intestate from the legitimate children and relatives of his father or mother; nor shall such children or relatives inherit in the same manner from the illegitimate child.” 

“The Decision used the terms ‘marital’ and ‘non-marital’ to replace the terms ‘legitimate’ and ‘illegitimate’ when referring to the children, as the latter terms are pejorative terms when used to describe children based on their parents’ marital status,” the SC PIO said in a statement.

The full copy of the ruling has yet to be made public.

‘Iron curtain rule’

In the past, the Court interpreted Article 992 as prohibiting non-marital children from inheriting from grandparents and other direct ascendants, including relatives.

The case stemmed by a petition brought by a woman claiming to be a non-martial child of a man who died before she was born. After her paternal grandfather died, she asserted her right to represent her deceased father in inheriting from her grandfather.

In resolving the case brought to the SC, the high court revisited the dubbed “iron curtain rule” and found that Article 992 “should be construed to account for other circumstances by birth and family dynamics.”

The high court in the landmark ruling also said: “Peace within families cannot be encouraged by callously depriving some of its members of their inheritance. Such deprivation may even be the cause of antagonism and alienation that could have been otherwise avoided.”

The SC PIO also said the Court acknowledged that non-marital children face consequences despite their status being beyond their power, such as those who were born because their parents chose not to marry, or one of their parents is below marriageable age, whose mother was a survivor of sexual assault or one parent dies before they can marry.

“Departing from regressive conjectures about family life in favor of the best interests of the child, the Court abandoned the presumption that ‘nonmarital children are products of illicit relationships or that they are automatically placed in a hostile environment perpetrated by the marital family,” the SC PIO added.

It also said that the SC ruled instead of Article 992, a nonmarital child’s right of representation shall be government instead of Article 982 of the Civil Code that holds that “grandchildren and other descendants shall inherit by right of representation, and if any of them should have died, leaving several heirs, the portion pertaining to him shall be divided among the latter in equal portions.” 

The court however remanded the specific case to the regional trial court due to factual issues raised in it so additional evidence may be received to determine filiation.