A Critical Study of Article 992 of the Civil

Code of the Philippines, Prohibiting

Illegitimate and Legitimate Relative from
Inheriting from Each Other
n
Intestate Succession
by
Francis Rey Cruz
 CHAPTER 1

The Problem and its Background

Introduction

Throughout the history, illegitimate children were discriminated and

considered inferior. Illegitimacy is an old concept both in Civil and
Common Law. Their rights have undergone several changes and
reformations but it remained as valid classification.
In the contemporary world, illegitimate children enjoyed better rights.
They are almost situated in the same status with the legitimate children
and reforms are being pushed through to completely eliminate the
distinctions caused by being born outside a valid marriage.
However, these are still not enough. Illegitimate children still suffers
discrimination, most specifically in succession. They are prohibited from
inheriting from their legitimate relatives whether direct or collateral.
Purpose of the Study

The purpose of this study is to give the readers an

overview of the concept of illegitimacy and to put emphasis
on Article 992, which is one of the remaining discriminations
that illegitimate children suffer under our Civil Code.
Significance of the Study

The study undertook to discuss illegitimacy, the rights of

illegitimate children and the discriminating effect of Article
992 of the Civil Code of the Philippines. The study will give
illegitimate children and their relatives an adequate legal
understanding of the provision and to be able to secure
themselves of a legal recourse to protect themselves from
the consequence of the iron curtain rule. It will also provide
members of the legislative department, a proposal taken
from an academic and legalistic argument for the complete
abolition of the rule, and if the same cannot be made
possible, then its amendment.
Statement of the Problem

This paper will specifically undertook to answer the following

questions:
1. What is illegitimacy and where did such concept originated?
2. What are the reforms made with regards to the right of
illegitimate children?
3. What is Article 992 of the Civil Code of the Philippines and its
legal effect to illegitimate children?
4. What are the reasons behind this prohibition?
5. Is the existence of the prohibition still warranted?
Scope and Limitation

This study discussed the brief historical background of

illegitimacy. It also traced the reforms made not only in the
Philippines, but also internationally regarding the rights of illegitimate
children. A critical analysis of the Article 992 of the Civil Code was
also made and laid down its discriminating effect on illegitimate
children,. It objectively examined various jurisprudence laid down not
only by the Supreme Court of the Philippines but also by other courts
from other states which greatly influenced the reforms made in the
rights of illegitimate children. Cases were discussed which involved
issues of illegitimacy, their rights and other pertinent issues that the
author deemed relevant to his discussion.
 The rights of illegitimate children in general were also discussed,
but more emphasis was made in their successional rights. Legal
developments in the international scene which have been discussed
were limited to the illegitimacy and the rights of illegitimate children as
incidental part of the study to trace the reforms made in the rights of
illegitimate children in the Philippines.
Definition of Terms

Bastard - An illegitimate child or those born outside a valid

marriage. Its origin can be traced from common law.
Illegitimacy - The condition before the law, or the social
status, of a child whose parents were not married to each
other at the time of his or her birth.
Intestate Succession – It is also called legal succession
which occurred after the deceased died without a will. In the
Philippines intestate succession is primarily governed by
Chapter 3, Title IV, Book III of the Civil Code of the
Philippines.
Iron Curtain Rule in Succession – It is the provision of Article 992 of
the Civil Code of the Philippines which bars the legitimate and
illegitimate from inheriting from each other.
Legitime - Is that part of the testator's property which he cannot
dispose of because the law has reserved it for certain heirs who are,
therefore, called compulsory heirs. In the Philippines, legitime is
govern by Book III, Title IV, Chapter 2, Section 5 of the Civil Code of the
Philippines.
Testamentary Succession - It is a Succession determined in
accordance with the provisions of a lawful will and the applicable rules
of law. In the Philippines, testamentary succession is governed by
Chapter 2, Title IV, Book III of the Civil Code of the Philippines.
Succession - The order in which or the conditions under
which one person after another succeeds to a property,
dignity, title, or throne. In the Philippines under the Civil Code,
it is a mode of acquisition by virtue of which the property,
rights and obligations to the extent of the value of the
inheritance, of a person are transmitted through his death to
another or others either by his will or by operation of law. It is
governed by Book III, Title IV of the Civil Code of the
Philippines.
 CHAPTER 2

Review of Related Literature

History of Illegitimacy

Illegitimacy is an old concept, but the discriminations

against illegitimate children originated from the union of civil
and canon law. To protect the family, relationships not
sanction by either state or relation were discourage by
branding the children born out of marriage as inferior.
In the Philippines, the concept of illegitimacy was first
brought by Catholic Church and Spanish Crown. Both the
church and the crown’s influence was so sweeping that
legislations even today were still` 12 being influenced by
them.
Reforms in the Rights of Illegitimated Children

In both civil and common law, reforms were made which

have given illegitimate children better rights. They were
granted right to established their paternity, allowed their
parents to exercise parental authority over them, asked for
support from their parents, be entitle to a legitime and other
rights enjoyed by legitimate children.
 CHAPTER 3

Research Designs and Methodologies

Methodologies
Black-Letter

This method in research aims to reduce the study of law

to an essentially descriptive analysis of a large number of
technical and co-ordinated legal rules to be found in primary
sources. The primary aim of this method of research is to
collate, organize and describe legal rules and to offer
commentaries on the emergence and significance of the
authoritative legal sources in which such rules are
considered, in particular, case law, with the aim of
identifying an underlying system.
Doctrinal Approach

This method conducts a research which provides a

systematic exposition of the rules governing a particular
legal category, analyses the relationship between rules,
explains areas of difficulty and, perhaps, predicts future
developments. The methodology itself is, usually, a close
textual analysis of statute and/or the analysis of as much
case law as can be discovered. It is the examination of
primary materials in order to reach a conclusion about
either a specific problem or a conclusion about a set of
rules – a “doctrine” – of general application.
END