Wednesday, February 08, 2006

The Iron Curtain Rule

Article 992 of the New Civil Code prohibits absolutely a succession ab initio between the illegitimate child and the legitimate children and relatives of the father or mother of said legitimate child. They may have a natural tie of blood, but this is not recognized by law. Coz there is a presumption that there exists an antagonizing and incompatible relationship between those legitimate and illegitimate family.

Madalas natin mapanood to sa movies, yung anak sa labas ay nilalait lagi ng first family at laging sinansabi sa kanila na produkto sila ng makamundong kasalanan. Yung first family naman ay kinamumuhian usually ng mga anak sa labas kasi nga halos lahat ng pribilehiyo nasa kanila na. Kaya in order to avoid further grounds of resentment, the "Iron Curtain Rule" is applied by law.

The "Iron Curtain Rule" has consistently been applied by the court in several cases and comes up with the following rules:

1. Where the illegitimate child had half-brothers who were legitimate, the latter had no right to the former's inheritance.

2. The legitimate collateral relatives of the mother cannot succeed from her illegitimate child.

3. A natural child cannot represent his natural father in the succession to the estate of the legitimate grandparents.

4. A natural daughter cannot succeed to the estate of her deceased uncle who is a legitimate brother of her natural father.

5. An illegitimate child has no right to inherit ab intestato from the legitimate children and relatives of his father.

And so the battle continues...

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