Right of

Articles 970-977

Article 970Article 970

ORepresentationRepresentation 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.

ORight of Representation exist in case of: PID

O PredeceasePredecease (testate and intestate)

O IncapacityIncapacity (testate and intestate)

O DisinheritanceDisinheritance (testate succession only)

NOTE:

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

Testate succession- right of representation covers only the covers only the legitime 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

A B C

E

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: P450,000Free portion: P450,000 (in favor of voluntary

heirs)

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 AdoptionRules in AdoptionOAn adopted cannotcannot 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.

OAn adopted child cannot be represented.represented.

Reason:

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

ORepresentation covers: PRT

A.PropertiesB.Rights of

theC.Transmissible

decedent Obligations

Article 971Article 971

OThe 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:OA child who represents his predeceased father in the succession to the grandfather’s estate, actually inherits from the grandfather.

OProperty received by representation cannotcannot be taken or held responsible for the debts of the person represented.

OBy 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

A B

EDC

ANSWER:

YES.Right of representation does not depend upon A’s will, but upon Operation of LAW.Thus, the total share of C and D (one group) equals the share of E.

Article 972Article 972The right of representation takes

place in the direct descending linedirect descending line, but never in the ascending.

In the collateral linecollateral line, it takes place only in favor of the children of brothers or sisters, whether they be of the full or half blood.

OIn 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)

CannotCannot 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)

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

O NONOO 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 descendants2nd: legitimate parents and ascendants3rd: Illegitimate children and descendants4th: Surviving spouse5th: brothers/sisters

Rule on proximity applies.

Right of Representation NEVER takes place in the

ascending lineascending lineO A has child B who has a child C. C dies.

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

O ANSWER:

YES.YES. A can intervene in the adjudication of

C’s estate. B did not predecease C, he died later,

hence, B really inheritedB 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 C’s estate but from B’s estate)

O S and T were D’s 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.D S T

N

G

X

OANSWER:

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 973Article 973

OIn order that the representation may take place, it is necessarynecessary that the representative himself be capablecapable of succeeding of succeeding the decedent.

OA has a child B who has a child C. If B disinheritsdisinherits C, is it still possible for C to represent B in the succession from A?

YES.YES.Determine C’s capacity to succeed from A, not from B.

Article 974Article 974OWhenever there is succession by

representation, the division of the estate shall be made per per stirpesstirpes, 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:Two ways of inheriting:OPer stirpes or per capita (How much?)OBy representation or by one’s own right. (How?)

Article 975Article 975OWhen children of one or more brothers or sisters of the deceased survive, they shall inherit from the latter by representation, if they survive survive withwith their uncles or aunts. But if they they alonealone survivesurvive, they shall inherit in equal portions.

OB and C are A’s brothers: X is the child of B; Y and Z, the children of C. Estate is P900,000P900,000. A is the decedent. If C predeceases A, divide the estate.

X Y Z

CBA

OEstate 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.

X Y Z

CBA

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 per capita and not by right of representation.

Article 976Article 976

OA person maymay represent him whose inheritance he renounced.renounced.

A renouncer may represent.

Article 977Article 977

OHeirs who repudiaterepudiate their share may not not be representedbe represented.

Renouncer may not be represented.

F

ED

CB

A

END