Malaki vs. People, G.R. No. 221075 (November 15, 2021)
Storyboard Text
- ONE DAY, WHILE DISCUSSING THE ESTATE OF DON MIGUEL...
- What are you doing here?
- I would like to be included in the distribution and partition of grandpa's estate as a representative of my deceased father.
- You cannot inherit anything from papa's estate as the law prohibits an illegitimate child like you from inheriting from their parents' relatives. It's called the Iron Curtain Rule. Google it!
- THE NEXT DAY...
- Dean Genevieve, they told me I cannot inherit from grandpa's estate, for the reason that I'm an illegitimate child just because my parents chose not to marry. If I can remember correctly, uncle called it the Iron Curtain Rule.
- There is indeed an Iron Curtain Rule, however, in the recent case of Aquino vs. Aquino, the Court reexamined such rule. In the said case, it held that children regardless of their parents' marital status, can now inherit from their grandparents and other direct ascendants by right of representation.
- The Court also ruled that Article 992 of the Civil Code or the Iron Curtain Rule should be construed to account for other circumstances of birth and family dynamics and that deprivation of some members of the family of their inheritance may cause antagonism and alienation.
- Furthermore, the Courts decision in this case used the terms marital and non-marital child to replace the terms legitimate and illegitimate when referring to the children. This is in an effort to depart from the presumption that non-marital children are products of illicit relationships or that they are automatically placed in a hostile environment perpetrated by the marital family.
- Thank you so much, Dean!
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