What is the iron-curtain rule?

Art. 992 of the Civil Code provides that illegitimate children cannot inherit ab intestato from the
legitimate children and relatives of his mother or father. Legitimate children and relatives cannot
inherit in the same way from the illegitimate child.

Note: The iron curtain rule only applies in intestate succession. There is a barrier recognized by
law between the legitimate relatives and the illegitimate child so that one cannot inherit from
the other and vice-versa.

Rationale: The law presumes the existence of antagonism between the illegitimate child and the
legitimate relatives of his parents.

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...

The Iron Curtain Rule

This means they have the right to inherit from them with or without a Last Will and Testament.

Children are of course considered illegitimate if they are conceived and born outside a valid
marriage.

But do they also have the right to inherit from the legitimate children and relatives of their
parents?

If it is an intestate succession, that is, when a person dies without a will, they have no right to
inherit from the legitimate children and relatives of their parents.

The legitimate children and relatives of their parents in turn also have no right to inherit from
them.

This is in consonance with what is known in law as “The Iron Curtain Rule,” which bars
illegitimate children from inheriting from the legitimate children and relatives of their parents
and vice-versa.
It was made part of our laws in order to avoid further grounds of resentment between the
legitimate and illegitimate family given the intervening antagonism and incompatibility that is
presumed to exist between them.

But the rule finds no application in a testate succession, that is, when a person dies with a will.

This is so because it is based only on the presumed and not on the express will of the decedent.

Bear in mind that it is the express will of the decedent that will matter most and will be
respected, if not followed, in a testate succession.

References:

Article 992 of the New Civil Code of the Philippines, Article 165 of the Family Code of the
Philippines, Cresenciano Leonardo vs. Court of Appeals, Maria Cailles, James Bracewell and Rural
Bank of Paranaque, Inc., G.R. No. L-51263, February 28, 1983, Anselma Diaz, guardian of Victor,
Rodrigo, Anselmina and Miguel, all surnamed Santero, and Felixberta Pacursa, guardian of
Federico Santero, et. al. vs. Intermediate Appellate Court and Felisa Pamuti Jardin, G.R. No. L-
66574, February 21, 1990, Olivia S. Pascual and Hermes S. Pascual vs. Esperanza C. Pascual-
Bautista, Manuel C. Pascual, Jose C. Pascual, Susana C. Pascual-Bautista, Erlinda C. Pascual,
Wenceslao C. Pascual, Jr., Intestate Estate of Eleuterio T. Pascual, Avelino Pascual, Isoceles
Pascual, Leida Pascual-Martines, Virginia Pascual-Ner, Nona Pascual-Fernando, Octovio Pascual,
Geranaia Pascual-Dubert, and the Honorable Presiding Judge Manuel S. Padolina of Br. 162, RTC,
Pasig, Metro Manila, G.R. No. 84240, March 25, 1992, Benigno Manuel, Liberato Manuel,
Lorenzo Manuel, Placida Manuel, Madrona Manuel, Esperanza Manuel, Agapita Manuel, Basilisa
Manuel, Emilia Manuel and Numeriana Manuel vs. Hon. Nicodemo T. Ferrer, Presiding Judge,
Regional Trial Court, Branch 37, Lingayen, Pangasinan, Modesta Baltazar and Estanislaoa Manuel,
G.R. No. 117246, August 21, 1995, In the Matter of the Intestate Estate of Cristina Aguinaldo-
Suntay; Emilio A.M. Suntay III vs. Isabel Cojuangco-Suntay, G.R. No. 183053, June 16, 2010.