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What is right of
representation?
Right created by fiction of law where the representative is raised to the
place and degree of the person represented, and acquires the rights which
the latter would have if he were living or could have inherited.
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Whenever there is succession by representation, the division of the estate

shall be made per stirpes, in such manner that the representative or
representatives shall not inherit more than what the person they represent More about this topic:
would inherit, if he were living or could inherit. (Art. 974)
LEGAL OR INTESTATE
Note: Per stirpes means inheritance by group, all those within the group SUCCESSION (/law-library
inheriting in equal shares. Representation is superior to accretion. /civil-law/succession/2373-
legal-or-intestate-
succession.html)
No contracts may be entered
When does right of into upon future inheritance
except in cases expressly
representation arise? authorized by law (/law-library
/civil-law/succession/291-no-
Representation may arise either because of: contracts-may-be-entered-into-
1. death, upon-future-inheritance-
except-in-cases-expressly-
2. incapacity, or authorized-by-law.html)
3. disinheritance. Preterition- J.L.T. Agro, Inc. v.
Antonio Balansag and Hilaria
Cadayday (/law-library/civil-
law/succession/290-preterition-

When is right or jlt-agro-inc-v-antonio-

balansag-and-hilaria-

representation not available? cadayday.html)

Preterition in Succession (/law-
1. As to compulsory heirs: In case of repudiation, the one who repudiates library/civil-law/succession
his inheritance cannot be represented. Their own heirs inherit in their own /288-preterition-in-
right. succession.html)
SUCCESSION –
2. As to voluntary heirs:
SETTLEMENT OF ESTATE
Voluntary heirs, legatees and devisees who: (/law-library/civil-
law/succession/287-
a. Predecease the testator; or
succession--settlement-of-
b. Renounce the inheritance cannot be represented by their own heirs, with estate.html)
respect to their supposed inheritance. Bellis vs. Bellis 20 scra 258
(/law-library/civil-
law/jurisprudence/481-bellis-
Does right of representation apply in the collateral line? vs-bellis-20-scra-258.html)
Aznar vs. Garcia 7 s 95 (/law-
Right of representation takes place only in favor of children of brothers or
library/civil-law/jurisprudence
sisters, whether full or half blood and only if they concur with at least one
/480-aznar-vs-garcia-
uncle or aunt.
7-s-95.html)
Note: This rule applies only when the decedent does not have POSSESSION - Legal
descendants. Implications (/law-library/civil-
law/property/1212-possession-
legal-implications.html)

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Does the right of

representation apply to
adopted children?
No. The right of representation cannot be invoked by adopted children
because they cannot represent their adopting parents to the inheritance of
the latter’s parents.

Reason: The law does not create any relationship between the adopted
child and the relatives of the adopting parents, not even to the biological or
legitimate children of the adopting parents.
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Note: Under R.A. 8552 or the Domestic Adoption Law, the adopted child /free-legal-advice/index.html)
and the adopting parents have reciprocal successional rights.

What is the rule on equal

division of lines?
General Rule: Intestate heirs equal in degree inherit in equal shares.

Exception:

1. In the ascending line, the rule of division by line is ½ to the maternal line
and ½ to the paternal line, and within each line, the division is per capita.

2. In the collateral line, the full-‐blood brothers/sisters will get double that of
the half-blood.

3. The division in representation, where division is per stirpes – the

representative divide only the share pertaining to the person represented.

Note: The share of an illegitimate child is ½ of the share of a legitimate

one. Full blood brother or sister is entitled to double the share of half
brother or sister (Art. 1006). Compulsory heirs shall, in no case, inherit ab
intesto less than their legitime as provided in testamentary succession.

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