AT THE outset, it must be stated that recent decisions of the Supreme Court have been using the phrase “nonmarital child” instead of “illegitimate child” in reference to a child born out of wedlock.
The trend is to discourage the use of the term “illegitimate” because of negative connotations that a child does not deserve.
As they say, there is no such thing as an illegitimate child – only illegitimate parents. Children have no hand in their legitimacy or illegitimacy.
***
Our Civil Code is an old document that is largely copied from Spain.
Among its provisions is the so-called “iron curtain rule.”
Under this rule, nonmarital children cannot inherit ab intestato (without a will) from the children and relatives of his father or mother. Conversely, the same children or relatives cannot inherit from the nonmarital child.
Examples are half-siblings. A nonmarital child cannot inherit from her marital sister. Juana whose father is not married to her mother cannot inherit from Petra whose mother is married to Juana’s father.
And it works the other way. The marital child cannot inherit ab intestato from her nonmarital half-sister. Although they are technically blood-relatives they cannot inherit from each other.
***
The reason behind the iron curtain rule is that while the parties may be blood relatives the law itself does not recognize the relationship.
Spanish commentators of old have explained the presumptive will of the parties. A natural child is looked down upon by the legitimate family. The product of sin.
In turn, the legitimate family is hated by the natural child. Resources that are otherwise available to him are inaccessible because of the insurmountable wall of friction between the parties.
The law simply recognizes this division and dampens resentment by providing an iron curtain.
***
When a person dies without a last will and testament it is the law that takes over and provides for the deceased person’s presumed wishes on how to distribute his estate.
The law in this case assumes that the deceased did not want to provide inheritance for his children outside the marital bond because it would cause hostility from his legitimate family.
***
Such wall has been held to extend to grandparents. If a grandparent dies without a will, his grandchild, born outside of marriage, may not represent its nonmarital parent in the distribution of the grandparent’s estate.
That has been the consistent ruling of the Supreme Court for more than half a century.
***
Last year the Supreme Court was presented with an opportunity to revisit the rule, particularly as it relates to a nonmarital child inheriting by representation of his parent.
The case involves a child whose father died before he could marry her mother. She was thus born a nonmarital child.
When her grandfather died without a will she wanted to participate in the distribution of his estate. Her father’s brothers opposed it, citing the iron curtain rule.
The lower courts sustained the opposition because the Supreme Court itself had been affirming the application of the rule in similar situations.
***
Writing through Justice Leonen, the Supreme Court finally let go of the interpretation that “nonmarital children are products of illicit relationships or that they are automatically placed in a hostile environment perpetrated by the marital family.”
From now on, children, regardless of the circumstances of their births, are “qualified to inherit from their direct ascendants – such as their grandparent – by their right of representation.”
***
This interpretation is grounded on the “equal protection” clause of the Constitution. It is also reflective of the groundswell to accord basic human rights to everyone regardless of the circumstances of birth.
Moreover, it recognizes the reality that grandparenthood is the happiest segment in the circle of life. It is immune to factions./PN
