Ricky Franco Arnel Inherit Legal Heir Arlene Begot

VIII.

a) Ricky and Arlene are married. They begot Franco during their marriage. Franco had an illicit relationship with Audrey and out of which, they begot Arnel. Franco predeceased Ricky, Arlene and Arnel. Before Ricky died, he executed a will which when submitted to probate was opposed by Arnel on the ground that he should be given the share of his father, Franco. Is the opposition of Arnel correct? Why? (5%)

SUGGESTED ANSWER:

No, his opposition is not correct.  Arnel cannot inherit from Ricky in representation of his father Franco.  In representation, the representative must not only be a legal heir of the person he is representing, he must also be a legal heir of the decedent he seeks to inherit from.

While Arnel is a legal heir of Franco, he is not a legal heir of Ricky because under Article 992 of the NCC, an illegitimate child has not right to inherit ab intestato from the legitimate children and relatives of his father or mother.  Arnel is disqualified to inherit from Ricky because Arnel is an illegitimate child of Franco and Ricky is a legitimate relative of Franco.