Introduction to Intestate Succession

In the Philippines, succession is governed primarily by the Civil Code of the Philippines (Republic Act No. 386), which outlines the rules for the transmission of property rights upon a person's death. Succession can be testate (with a valid will) or intestate (without a will or when the will is invalid). Intestate succession occurs when the decedent leaves no will, or the will does not dispose of all properties, leading to the distribution of the estate according to legal provisions.

The order of intestate heirs is hierarchical, prioritizing compulsory heirs such as legitimate children and descendants, the surviving spouse, and legitimate parents or ascendants. If there are no compulsory heirs in the direct line, the estate passes to collateral relatives, including siblings (brothers and sisters) and their descendants. This is where the principle of representation becomes crucial, allowing the heirs of deceased siblings to inherit in their place.

Intestate succession aims to reflect the presumed will of the decedent, favoring closer relatives and ensuring equitable distribution. The rules are mandatory and cannot be altered except through a valid will. Key articles in the Civil Code relevant to this topic include Articles 960 to 1014, which detail the order of succession, representation, and shares.

The Concept of Representation in Succession

Representation is a legal fiction under Philippine law that allows descendants to step into the shoes of a predeceased ancestor, inheriting the share that the ancestor would have received if alive. It is defined in Article 970 of the Civil Code: "Representation is a right created by fiction of law. By virtue of representation, the person called to the succession by law takes the place, degree, and rights of the person represented."

This principle applies only in specific lines of kinship:

Direct descending line: Unlimited, meaning grandchildren, great-grandchildren, and further descendants can represent their parents or ancestors.
Ascending line: Never applicable; ascendants (e.g., parents) cannot be represented by their descendants.
Collateral line: Limited to the children of brothers or sisters (nephews and nieces). It does not extend beyond that, such as to grandchildren of siblings (grandnephews or grandnieces).

Representation operates in both testate and intestate succession but is particularly vital in intestate cases where no will specifies otherwise. It ensures that the lineage of a predeceased heir is not disinherited, promoting fairness within the family structure. However, representation requires that the person represented (the predeceased sibling) must have been capable of inheriting at the time of their death, meaning they were not disqualified (e.g., due to unworthiness under Article 1032).

Application of Representation to Deceased Siblings’ Heirs

In intestate succession, siblings inherit only if there are no descendants, ascendants, or surviving spouse (Article 1003). Full-blood siblings inherit equally, while half-blood siblings receive half the share of full-blood ones (Article 1006). If a sibling predeceases the decedent, their children (the decedent's nephews and nieces) inherit by representation, taking the share their parent would have received.

Key provisions:

Article 962: "In every inheritance, the relative nearest in degree excludes the more distant ones, saving the right of representation when it properly takes place."
Article 975: Confirms representation in the collateral line for children of brothers or sisters.
Article 977: Representation in the collateral line occurs only in favor of children of full or half-blood brothers or sisters.

For representation to apply:

The sibling must have predeceased the decedent or be incapable of succeeding (e.g., renounced or unworthy).
The representatives must be the sibling's legitimate, illegitimate, or adopted children (as adoption confers full inheritance rights under the Domestic Adoption Act of 1998 and the Inter-Country Adoption Act of 1995).
The representatives inherit per stirpes (by roots), meaning they divide the share equally among themselves that their parent would have taken.

If multiple siblings predecease, each line of nephews/nieces represents their respective parent independently. Half-blood relationships are considered: if the predeceased sibling was half-blood to the decedent, their children inherit accordingly, with adjustments to shares.

Illegitimate children of the predeceased sibling can represent, but their shares may be half those of legitimate children in certain contexts (Article 990), though representation itself is not barred. Adopted children fully represent as if biological.

Shares and Computation in Representation

The estate is divided equally among living siblings and the representatives of deceased ones. For example:

If the decedent has three siblings: A (alive), B (deceased with two children), C (deceased with one child).
The estate is divided into three equal parts: A gets 1/3; B's two children share 1/3 (1/6 each); C's child gets 1/3.

This per stirpes division contrasts with per capita (equal shares among all heirs regardless of line), which does not apply here. If there are no children to represent a deceased sibling, that share accretes to the other siblings or their representatives (Article 1018).

In mixed scenarios with half-blood siblings:

Full-blood siblings get double the share of half-blood ones.
Representatives of a half-blood sibling take half the share that representatives of a full-blood sibling would.

The free portion (after compulsory heirs) is computed first, but since siblings inherit only in the absence of closer heirs, they typically take the entire estate.

Limitations and Exceptions to Representation

Representation is not absolute:

No representation beyond nephews/nieces: Grandnephews/nieces do not represent; if a nephew/niece predeceases, their share accretes to others (Article 975).
Unworthiness: If the predeceased sibling was unworthy (e.g., attempted to kill the decedent), their heirs cannot represent (Article 1032).
Renunciation: If the sibling renounced inheritance before death, no representation occurs.
Illegitimate status: While illegitimate children can represent, their legitimacy affects shares in the broader estate.
Adoption nuances: Only legally adopted children represent; de facto adoptions do not suffice.
Collateral beyond siblings: Uncles, aunts, cousins do not benefit from representation; they inherit per capita if called (Article 1009).
Spousal considerations: The surviving spouse concurs with siblings, taking half the estate if no ascendants/descendants, with siblings sharing the other half (Article 1003).

In cases of simultaneous death (commorientes), if order cannot be determined, representation may not apply if the sibling is presumed to have died after the decedent (Article 43).

Practical Examples

Basic Scenario: Decedent D dies intestate with no spouse, children, or parents. Siblings: S1 (alive), S2 (deceased, with children C1 and C2). Estate = P3,000,000. S1 gets P1,500,000; C1 and C2 each get P750,000.
Half-Blood Involved: D has full-blood sibling S1 (alive) and half-blood S2 (deceased, with child C). Estate divided with full-blood getting double. Total parts: 3 (2 for S1, 1 for S2's line). S1 gets 2/3; C gets 1/3.
Multiple Generations: If S2's child C predeceases, leaving grandchildren GC1 and GC2, no representation for GCs; S2's share accretes to S1.
With Spouse: D's spouse gets half; siblings/representatives share the other half equally (or adjusted for blood relation).

Judicial and Procedural Aspects

Intestate proceedings are handled via settlement of estate in Regional Trial Courts (if estate > P200,000 in provinces or P400,000 in Metro Manila) or summary proceedings for smaller estates. Heirs must file a petition for administration or extrajudicial settlement if all agree.

Representation claims require proof: death certificates, birth certificates establishing kinship. Disputes may involve DNA evidence or court declarations of heirship.

Supreme Court rulings clarify applications, e.g., Republic v. Marcos (on illegitimate heirs) and Heirs of Raymundo v. CA (on collateral representation limits).

Interaction with Other Laws

Family Code (Executive Order No. 209): Affects legitimacy and adoption, impacting representation.
Tax Code: Inheritance tax (estate tax under TRAIN Law) applies to shares received via representation.
Indigenous Peoples' Rights Act (RA 8371): Customary laws may supersede in ancestral domains, altering representation.
Muslim Personal Laws (PD 1083): In ARMM/BARMM, Sharia rules prevail, where representation differs (e.g., broader collaterals).

Conclusion

Representation of deceased siblings' heirs in Philippine intestate succession upholds family equity by allowing nephews and nieces to inherit in place of their parents. Rooted in Civil Code principles, it balances proximity of degree with lineage preservation, subject to strict limitations. Understanding these rules is essential for estate planning, emphasizing the value of wills to avoid default distributions. Legal consultation is advisable for complex family structures to ensure proper application.