Aquino v. Aquino (2021): Nonmarital Grandchild May Inherit

The grandfather died in 1999 without a will, leaving personal and real properties. His son Rodolfo asked the Regional Trial Court in Davao City to appoint an administrator of the estate. He was survived by his second wife and by the sons and heirs of his first marriage. One of his sons, Angela's father, had died earlier, in 1978.

Angela said she was this son's only child. Her parents never married, although she said they were free to marry and had planned to. Her father died before she was born. Angela said that her grandfather paid her mother's pregnancy expenses, that she grew up in the Aquino family's ancestral home, that her uncle Abdulah was her godfather, and that her grandfather supported her and her studies. She asked to be included in the distribution of her grandfather's estate, in her father's place.

Her uncle Rodolfo opposed. He said her father never legally recognized her, and that she was born more than nine months after her father's death, so there was no way of knowing if she was his child. Angela answered that she was born less than nine months after his death. Her uncles also argued that Article 992 barred her from inheriting from her father's legitimate relatives. Abdulah and the Solicitor General pointed to a document said to be her birth certificate, which named another man as her father.

The trial court ruled for Angela and gave her a monthly allowance from the estate. The Court of Appeals reversed. It said she did not prove her filiation and, in any case, could not inherit from her grandfather because of Article 992. The Supreme Court first denied her appeal, but later reopened the case, referred it to the full Court and heard oral arguments.

There were two questions. First, can a nonmarital child of a marital child inherit from the grandparent's estate? Second, did Angela prove that she was her father's daughter?

The Supreme Court partly granted Angela's motion, reversed the Court of Appeals and sent the case back to the trial court.

The decision opens with its main holding: "A child whose parents did not marry each other can inherit from their grandparent by their right of representation, regardless of the grandparent's marital status at the birth of the child's parent."

This is the article the Court re-read:

• A new reading of Article 992. Earlier cases, such as Diaz v. Intermediate Appellate Court, read "relatives" in Article 992 broadly, so that it also barred grandchildren. The Court abandoned the presumption in those cases that nonmarital children come from illicit relationships and live in a hostile setting created by the marital family. It said the best interest of the child should prevail.
• Article 982 applies. When a nonmarital child represents a deceased parent in the grandparent's estate, Article 982 of the Civil Code applies. It says grandchildren and other descendants inherit by right of representation, and it makes no distinction based on birth status.
• Reasons. The Court pointed to the State policy of protecting children's best interests, the United Nations Convention on the Rights of the Child, and the Family Code rule that grandparents and grandchildren must support each other whatever their status.
• Limits. The ruling applies only when the nonmarital child inherits by representing a parent. The Court said it is silent on collateral relatives and is not ruling on the child's right to inherit in his or her own right.
• Filiation must be proven. The new reading does not give Angela an automatic share. Because she was born before the Family Code took effect, the Court applied the Civil Code rules on proving filiation and found that she was not too late to raise her claim. It also said DNA testing is a valid way to prove filiation, even when the father is dead. When no usable sample from the father exists, DNA tests of other relatives may be used as supporting evidence of kinship.
• Remand. The Court sent the case back to the Regional Trial Court to decide, within 90 days, Angela's filiation, including the reception of DNA evidence, and her share in her grandfather's estate.

Under Article 982 of the Civil Code, as Article 992 is now read, a nonmarital child may inherit from a grandparent by right of representation, regardless of the grandparent's marital status at the birth of the child's parent, provided filiation is proven; the ruling does not extend to inheritance in the child's own right or from collateral relatives.

Before this ruling, the Court read Article 992 to mean that a grandchild born outside marriage could not inherit from a grandparent who died without a will, if the grandchild's parent was a legitimate child of that grandparent. Aquino v. Aquino opened one door: representation of a deceased parent in a grandparent's estate.

Illustration (invented names): Bea's father, Marco, was the legitimate son of Lolo Ben. Marco never married Bea's mother and died in 2015. Lolo Ben died in 2024 without a will. Following Aquino, Bea may claim the share Marco would have received, if she proves that Marco was her father. If instead Bea's unmarried aunt dies without a will, the Aquino ruling does not say whether Bea may inherit from her.

The case is not the last word. The Court said that larger changes to the rules on nonmarital children are better left to Congress. In Angela's own case, proof of filiation was the question left for trial. Documents such as a PSA birth certificate may matter, but the court decides what evidence is enough.

For the general rules, see Article 992 explained, can an illegitimate child inherit?, who inherits if there is no will and the inheritance guide. For help with a real estate case, see free legal help.