General guidance on Philippine succession law (Civil Code). For advice on a specific estate, consult counsel or the Public Attorney’s Office.

Core ideas in one page

Representation lets the grandchildren step into their deceased mother’s place and inherit per stirpes (by “branch”) from the grandparent.
Representation in the direct descending line (children → grandchildren → great-grandchildren) is unlimited in degree, but it exists only if the person represented (here, the daughter) is predeceased, disqualified/incapacitated, or validly disinherited. It does not arise merely because she waived/repudiated her share.
The grandchildren’s share is exactly what their mother would have received—no more, no less—then subdivided equally among them.
Illegitimate barriers (Art. 992 “iron curtain” rule): An illegitimate grandchild cannot inherit ab intestato from a legitimate grandparent through the deceased parent. (They may still receive gifts or testamentary dispositions from the free portion.)
Compulsory heirs (who must receive a legitime) include legitimate children and descendants (which can include grandchildren by representation), the surviving spouse, and illegitimate children of the decedent (with different shares).
Distribution differs in testate (with a will) vs. intestate (no will) estates, but legitimes are protected in both.

When representation applies (and when it doesn’t)

Representation occurs if the deceased daughter:

Died before her parent (the grandparent/decedent); or
Is disqualified/incapacitated to inherit (e.g., causes of unworthiness under the Code); or
Was validly disinherited in a will for a legal cause.

Representation does not occur if the daughter is alive and capable (even if she refuses to claim); her own descendants cannot replace her merely because she repudiates or chooses to receive nothing.

Effect: If representation exists, the grandchildren form a stirps (branch). That branch takes the same share the mother would have taken, and divides it equally among the grandchildren in that branch.

Intestate succession (no will)

Typical baselines:

Grandparent leaves legitimate children, one of whom (the daughter) predeceased but has two children.
- Heirs: surviving legitimate children + the grandchildren representing the deceased daughter + the surviving spouse (if any) + any illegitimate children of the decedent.
- Shares:
  - Legitimate children & representing grandchildren together take the legitime (½ of the estate) in equal “child’s shares” per stirpes.
  - The surviving spouse gets a share equal to that of one legitimate child (taken partly from legitime/free portion per rules).
  - Illegitimate children (of the decedent) each get a legitime equal to one-half of a legitimate child’s share (satisfied from the free portion if needed).
Grandparent leaves no living legitimate children, but has grandchildren through the deceased daughter (and perhaps other deceased children with issue).
- The grandchildren inherit by representation as if their parents (the decedent’s children) were alive, dividing by branches.
Grandchildren are illegitimate children of the deceased daughter; grandparent was legitimate.
- Article 992 barrier applies: no intestate succession between an illegitimate descendant and the legitimate relatives of the parent. These grandchildren cannot inherit by representation from the legitimate grandparent. (They can still be instituted legatees/devisees in a will within the free portion.)

Testate succession (with a will)

The testator may freely dispose only of the free portion; the legitime is untouchable.
If the will omits the (predeceased) daughter’s line or tries to shrink their legitime, her descendants may demand reduction of testamentary dispositions to restore the stirps’ legitime.
If the will validly disinherits the daughter for a legal cause, her children may still represent her and take her legitime, unless the cause also exists against them (representation survives disinheritance of the parent).

Worked examples (rounded for clarity)

Estate net value after debts: ₱12,000,000.

Example 1: One living son + deceased daughter with 2 children; surviving spouse; no illegitimate children.

Branches:
- Son (living) → 1 branch
- Daughter (deceased) → 1 branch represented by 2 grandchildren
Legitime of legitimate descendants: ½ of estate = ₱6,000,000
- Two branches → ₱3,000,000 per branch
- Son gets ₱3,000,000
- Grandchildren split their branch ₱3,000,000 ÷ 2 = ₱1,500,000 each
Surviving spouse’s legitime: equal to one child’s share in legitime context → ₱3,000,000
Free portion: remaining ₱3,000,000 (disposable by will; if no will, accreted per intestacy rules).

Example 2: No living children; two deceased children, each leaving grandchildren (2 and 3 respectively); no spouse; decedent has 1 illegitimate child.

Descendant legitime (½): ₱6,000,000, split by two branches: ₱3,000,000/branch
- Branch A (2 grandchildren): ₱1,500,000 each
- Branch B (3 grandchildren): ₱1,000,000 each
Illegitimate child’s legitime: ½ of a legitimate child’s share.
- First find a legitimate child share by concept: with two branches, a “child’s share” ≈ ₱3,000,000 → illegitimate child’s legitime ₱1,500,000 (from free portion).
Free portion left after satisfying legitimes goes to will beneficiaries or, absent a will, to intestate heirs under Code rules.

These figures illustrate mechanics; actual computations follow the Civil Code’s priority, reduction, and collation rules.

Collation, advances, and equality within the stirps

Collation: Gifts/advances the decedent made to the daughter (or directly to the grandchildren) may be added back for equality when computing shares, unless clearly excluded by law.
Within a branch, the grandchildren divide equally, regardless of birth order.
If one grandchild in the branch predeceased leaving issue, representation continues downwards.

Disqualification, unworthiness, and effects on the branch

If the daughter was unworthy (e.g., committed serious offenses against the decedent) or validly disinherited, her children can still represent her—unless the same cause also exists against them.
If all members of a branch are barred, that branch’s share accretes to the remaining legitimate descendants as the Code provides.

The Article 992 “iron curtain” rule (key limits)

No intestate succession between an illegitimate child and the legitimate relatives of his/her parents.
Consequences here:
- Illegitimate grandchildren cannot succeed intestate from a legitimate grandparent (they also cannot represent their parent to reach the grandparent’s estate).
- Work-around (lawful): the grandparent may give within the free portion by will or inter vivos donations (subject to legitime protection and tax rules).

Practical path for families

Identify heirs and branches: list living children; indicate which are deceased and list their descendants. Mark legitimacy.
Inventory the estate: assets and debts; determine net estate.
Check for a will and any grounds for unworthiness/disinheritance.
Compute legitimes: protect compulsory heirs (including a representing branch).
Choose the settlement route:
- Extrajudicial Settlement (EJS) if no will, no debts (or all paid), and all heirs are of age and agree; minors require a judicial guardianship/approval.
- Testate/Intestate proceedings in court if there is a will, disputes, debts, or minors without approved guardianship.
Paperwork: death certificate, heirs’ IDs, family tree, titles/bank statements, prior donations (for collation), tax clearances.
Taxes & deadlines: Estate tax return generally due within one (1) year from death (extensions possible); pay estate tax to transfer titles. Donor’s tax applies to lifetime gifts.

Frequently asked questions

Are grandchildren compulsory heirs of the grandparent? Yes—conditionally. They are compulsory heirs only when they represent their parent (who is a compulsory heir) because the parent is predeceased, disqualified, or disinherited.

If my mother (the decedent’s daughter) was alive but waived her share, can we take it by representation? No. Representation does not arise from repudiation. The waived share follows the Code’s rules on accretion or intestacy, not representation to her descendants.

Can a will exclude the representing grandchildren? Not their legitime. The testator may dispose only of the free portion. Any impairment of the stirps’ legitime is reducible.

What if our branch received large gifts while lola was alive? They may be subject to collation, reducing what your branch still gets so that legitimes and equality among compulsory heirs are preserved.

Do adopted grandchildren count? Yes. Adoption creates the same filial ties as by nature between the adoptee and adoptive parent; representation rules then apply through that legal parent-child link.

Takeaways

Representation is the gateway: the grandchildren inherit through their deceased mother by branch.
The branch’s share mirrors exactly what she would have received, then is split equally within the branch.
Watch for the Art. 992 bar on illegitimate lines to legitimate grandparents in intestacy.
In both testate and intestate estates, protect legitimes, apply collation, and comply with estate-tax and title-transfer requirements.