Right of

Articles 970-977

Article 970
O Representation is a right created by fiction of law, by virtue of which the representative is raised to the place and the degree of the person represented, and acquires the rights which the latter would have if he were living or if he could have inherited.

O Right of Representation exist in case of: PID

a) Predecease

(testate and intestate)

b) Incapacity

(testate and intestate)

(testate succession only)

c) Disinheritance

NOTE: Intestate succession- right of representation when proper, covers all that the person being represented would have inherited.

Testate succession- right of representation covers only the legitime (goes to the heir by operation of law) - no right to represent a voluntary heir

Estate is P900,000. T gave each of his 3 children P300,000 but A is incapacitated. Divide the estate.
T

O Estate is P900,000. T gave each child P300,000

but A is incapacitated. Divide the estate ANSWER: Note: Determine 1st the kind of succession Legitime: Free portion: heirs) P450,000 P450,000 (in favor of voluntary

E - - - - - -P150,000 as representative to legitime of A B - - - - - P150,000 as compulsory heir P225,000 as voluntary heir C - - - - - P150,000 as compulsory heir P225,000 as voluntary heir P900,000

O Representation exception to Rule of

nearer excludes farther? (Article____) O Representation in the direct line

Rules in Adoption
O An adopted cannot represent.
Reason:
There is no filiation whether by blood or by

law between the adopted child and the parent of the adopter. Legal filiation is only between the adopted child and the adopter
While a person thru his legal actuations can give himself an heir, he cannot by the same actuations give his relatives an heir.

Decedent

If she Dies

Adopted

Natural child

O An adopted child cannot be

represented.
Reason:

Non-legal relationship between the adopter and the children of the adopted.

Adopter

Adopted Child of Adopted

O Representation covers: PRT

A. Properties B. Rights

of the

C. Transmissible

decedent Obligations

Article 971
O The representative is called to the

succession by the law and not by the person represented. The representative does not succeed to the person represented but the one whom the person represented would have succeeded.

NOTE:
O A child who represents his predeceased

father in the succession to the grandfathers estate, actually inherits from the grandfather.
O Property received by representation cannot

be taken or held responsible for the debts of the person represented.

O By representation, heirs would get equally

or per capita, as long as they are members of one group

T has two (2) children, A and B. A has two (2)

children, C and D. B has a child E. PROBLEM: A dies after giving C 2/3 of his estate and D 1/3. If later T dies, C and D will inherit from in representation of A. Will they get equal shares?
T

ANSWER:

YES.
Right of representation does not

depend upon As will, but upon Operation of LAW. Thus, the total share of C and D (one group) equals the share of E.

Article 972
The right of representation takes place in the direct descending line, but never in the ascending.
In the collateral line, it takes place only in favor of the children of brothers or sisters, whether they be of the full or half blood.

O In whose favor is the Right of

Representation in the Colateral Line ?

Takes place only in favor of the

children of brothers and sister (nephews & nieces)

Cannot be exercised by

grandnephews and grandnieces.

(Delgado Vda. De Dela Rosa v. Heirs of Marciana Rustia Vda. De Damian, 480 SCRA 334 [2006]).

Bagubu vs. Piedad

(GR 140975, December 8,2000)
O Can petitioner, a collateral

relative of the fifth civil degree inherit alongside respondent, a collateral relative of the third civil degree?

O NO
O Right of representation does not apply to other

collateral relatives within the fifth civil degree O Petitioner and respondent are sixth in the order of preference following: 1st: legitimate children and descendants 2nd: legitimate parents and ascendants 3rd: Illegitimate children and descendants 4th: Surviving spouse 5th: brothers/sisters

Rule on proximity applies.

Right of Representation NEVER takes place in the ascending line

O A has child B who has a child C. C dies. One

day later, B dies. Can A share in the estate of C?

Survives B & C Can he share in the estate of C?

Died September 16, 2011

Died September 15, 2011

O ANSWER:

YES.
A can intervene in the adjudication of Cs

estate. B did not predecease C, he died later, hence, B really inherited. It is this portion that A can get (when he inherits from his son B) A did not inherit by representation, he inherited in his own right (not from Cs estate but from Bs estate)

O S and T were Ds sisters; N, is the child of S; X,

the child of T; G, the child of X. D died intestate. S, T, and X are all dead. G claims a share by the right of representation. N says G can have no share. Decide.

T X G

O ANSWER:

G cannot inherit by right of representation.

According to Art. 972 , in the collateral line, the right of representation takes place only in favor of the children of brothers or sisters (nephews and nieces).

Article 973
O In

order that the representation may take place, it is necessary that the representative himself be capable of succeeding the decedent.

O A has a child B who has a child C. If

B disinherits C, is it still possible for C to represent B in the succession from A?

YES.
Determine Cs capacity to

succeed from A, not from B.

Article 974
O Whenever there is succession by

representation, the division of the estate shall be made per stirpes, in such manner that the representative or representatives shall not inherit more than what the person they represent would inherit, if her were living or could inherit.

Inheritance Per Stirpes means inheritance by group, all those within the group inheriting in equal shares. Two ways of inheriting: O Per stirpes or per capita (How much?) O By representation or by ones own right. (How?)

Article 975
O When children of one or more

brothers or sisters of the deceased survive, they shall inherit from the latter by representation, if they survive with their uncles or aunts. But if they alone survive, they shall inherit in equal portions.

O B and C are As brothers: X is the child of B;

Y and Z, the children of C. Estate is P900,000. A is the decedent. If C predeceases A, divide the estate. A B C

O Estate is P900,000.
ANSWER: Note: Determine the kind of succession (Intestate)

B - - - - - -P450,000 Y - - - - - -P 225,000 Z - - - - - -P 225,000 P900,000

O In the same problem.

If B & C predecease A, divide the estate. Estate is P900,000.

ANSWER: Note: Determine the kind of succession (Intestate) X - - - - - -P300,000 Y - - - - - -P 300,000 Z - - - - - -P 300,000 P900,000
They inherit in their own right, and therefore, per capita and not by right of representation.

Article 976
OA person may

represent him whose inheritance he renounced.

A renouncer may represent.

Article 977
OHeirs who repudiate

their share may not be represented.

Renouncer may not be represented.

O A has 2 children B & C. B

has 2 children, D and E. D has a child F. B dies in 2002 but D repudiates his share. Later, A dies in 2004. D can still inherit from A by representing B. (Art. 967). F cannot represent D in the inheritance from B because heirs who repudiate their share (like D) may not be represented. (Art. 977).

Died 2004

A C

Died 2002

D
Repudiates

END