Janine O.

Requina Succession

Sept. 8,2012 Atty. Brenda Tangarorang

1. Is the adopted child an intestate heir of the estate of ; a) His biological parents and blood relatives ? Yes , The adopted shall remain an intestate heir of his parents and blood relatives . (P.D 603 (39 (1)a,(2)a ,(3)a ). b) His adopted parents and adopters blood relatives.? Yes, by virtue of adoption that makes the adopted person a legal heir of the adopter , but the adopted is not an intestate heir of the parents of the adopter and the adopters blood relative, while it is true that by adoption one can give himself an heir , he cannot by the same actuations give his relatives an heir. 2. Can the adopted child represent the adopter in the inheritance of the adopters parents and blood relatives? No the adopted child cannot represent because the legal filiation is only between the adopted child and the adopter. 3. Is the adoptive parents entitled to his legitimes in the succession to the estate of the adopted child? Yes , Provided that any property received gratuitously by the adopted from the adopter shall revert to the adopter should the adopted predecease the adopter without legitimate issue unless during the lifetime of the adopted he has alienated it. If the adopted child leave no property other than that received from the adopter and he is survived by illegitimate issue or a spouse, such illegitimate issue collectively or the spouse shall receive one-fourth of such property; and the latter also one-fourth , the rest in any case revert to the adopter. 4. Are the biological parents and his blood relatives an intestate heir of the adopted child? Yes, When the parent , legitimate or illegitimate , or the legitimate ascendants of the adopted concur with the adopters, they shall divide the entire estate , one-half to be inherited by the parents or ascendants and the other half, by the adopters. ( Art. 190 Civil Code) 5. Are the adoptive parents and his blood relatives an intestate heir to the estate of the adopted child? No, The adopter shall not be the legal heir of the adopted person, whose parents by nature shall inherit from him, except that if the latter are both dead, the adopting parent or parents take the place of the natural parents in the line of succession, whether testate or intestate. (PD 603 Art. 39 ). It follows that the parents and blood relatives of the adopter are not an intestate heirs of the adopted person. 6. If both parents by nature and the adoptive parent survive, who shall inherit the estate of the adopted child? Parents by nature shall inherit from him, except that if the parents by nature are both dead, the adopting parent or parents take the place of the natural parents in the line of succession, whether testate or intestate. (P.D.603 Art 39).