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Right of

Representation
ARTICLE 970
Representation is a right created by law

Representative is raised to the place and degree of the


person represented

Representative acquires the rights of the person represented


Concept of representation
In every inheritance, the relative nearest in degree
excludes the more remote ones. This is known as
the Rule of Proximity/Exclusion

Exception- Right of
Representation
What will happen in representation

More distant relatives belonging to the same class as the person

represented, are raised to the place and degree of such person, and

acquire the rights which the latter would have acquired if he were living

or if he could have inherited.


* here, Apo will be raised to
the place and degree of the
Lolo • decedent person represented (Papa)

Papa • Legitimate child of Lolo, died


before Lolo

Apo • Representative
When representation takes place
(testamentary succession)

• When the person represented dies before the testator

• When the person represented is incapable of succeeding the testator

• When the person represented is disinherited by the testator


When representation takes place
(intestate succession)

• When the person represented dies before the decedent

• When the person represented is incapable of succeeding the

decedent
Estate of Lola Kris = 1 million

The two legitimate children of Lola


Kris died before her

Alden will inherit 250,000


Lola kris
Marian will inherit 250,000
Xander will inherit 500,000

Papa John
Lloyd
Papa Tom

Alden Marian Xander


GR: The right of representation takes place in
the direct descending line, but never in
ascending

Exceptional case: In collateral line, it takes


place only in favor of the children of brothers
or sisters, whether they be full or half blood
The right of representation in direct line takes
place in the following cases:
• When children concur with grandchildren, the former died or who are
incapable of succeeding the decedent
• When all the children are dead or incapable of succeeding the
decedent and grandchildren concur with great-grandchildren whose
parents died before the decedent of incapable of succeeding the
decedent
• When all children are dead or are incapable of succeeding the
decedent leaving children or descendants of the same degree
Restriction in representation in Collateral
Line:
• The right can be exercised only by nephews and nieces of the
decedent
• The right can be exercised by the nephews or nieces of the decedent
if they will concur with at least one brother or sister of the decedent.
However, if they are the only survivors, they shall inherit it in their
own right and not by representation
• The right of representation in the collateral line is possible only in
intestate succession; in other words, it cannot possible take place in
testamentary succession
Lola Kris-
died

Tito vice- tita Kim Chiu


alive
Mama Locsin- -decedent
died

Xander- Marian-died
nephew
Only tito Vice and Xander-nephew shall
receive inheritance from decedent tita Kim
Empoy-grand Chiu
nephew
- Under the Civil Code, representation in
collateral line can only take place in favor of
nephews and nieces never in favor of
grandnephews and grandnieces
Art. 971 The representative called to the succession by
law and not by person represented. The representative
does not succeed the person represented but the one
whom the person represented would have succeeded

Art. 973 In order that representation may take place, it


is necessary that the representative himself be
capable of succeeding the decedent.
We infer from Art. 971 and 973 that even if the
representative(Apo) is incapable of succeeding

Lolo • decedent
the person represented (Papa), he can still
inherit by right of representation, provided that
he is capable of succeeding the decedent (Lolo)

Papa • Legitimate child of Lolo, died


before Lolo

• Representative-

Apo incapable to succeed


Papa, but capable to
succeed Lolo
Art. 974 Whenever there is succession by
representation, the division of the estate shall
be made per stripes, in such manner that the
representatives shall not inherit more than
what the person they represent would
inherit, if he were living or could inherit
Lola Kris executed a will: Papa John Lloyd
and Papa Tom were instituted as sole heirs
Papa Tom to inherit 2/3 of the free portion
and Papa John Lloyd 1/3 of the free portion

-Papa John Lloyd died before Lola Kris Lola kris Papa Tom
Net remainder of the estate is P48,000.00 Will get 12,000(Legitime),
16,000(as compulsory
heir), 8,000( right of
Papa John Lloyd- accretion)
died (legitime =
12,000)

Alden- Bebe
Marian-6,000(
6,000(right of
right of rep) Xander will
rep) get nothing
What if in the above problem Lola Kris
died without a will:

Lola kris
Papa Tom
Papa John Lloyd- Will get 24,000 (in
died (24,000) his own right)

Alden- Bebe
Marian-12,000(
12,000(right of
right of rep) Xander will
rep) get nothing
Art. 975 When children of one or more
brothers or sisters of the deceased survive,
they shall inherit from the latter by
representation, if they survive with their
uncles or aunts. But if they alone survive,
they shall inherit in equal portion
Lola Kris-
Tito Vice – Alive, died
500,000 (in his own
right) tita Kim Chiu
Mama Locsin- -decedent
died

Marian-niece
250,000 (right
of rep)
Xander-nephew,
250,000 (right of
rep Bebe
Empoy Tita Kim Chiu
estate = 1 million
Lola Kris-
died

Tito Vice – died tita Kim Chiu


Mama Locsin- -decedent
died

Marian-niece
500,000 (right
of rep)
Xander-nephew,
500,000 (right of
rep Bebe
Empoy Tita Kim Chiu
estate = 1 million
Art. 976 A Person may represent him
whose inheritance he has renounced
Lola Kris

Although Bebe Xander Papa Tom-


died
repudiated his inheritance from
his father, Bebe Xander can still
represent his father Papa Tom Bebe Xander
when subsequently Lola Kris renounced his
inheritance when
dies. Papa Tom died
Art. 977 Heirs who repudiate their share
may not be represented (this circumstance
is different from that of predecease,
incapacity or disinheritance
Salamat Po . . .

-MARJORIE PADILLA

-MARISHIEL REANO

-ACE SANTIAGO