Representation Rights of Grandchildren in Philippine Succession A comprehensive discussion under the Civil Code and relevant jurisprudence
I. Concept of Representation
Under Articles 970-977 of the Civil Code, representation (also called “right of accretion‐by-root”) is a legal fiction that puts a representative (usually a descendant) in the place of the person represented (the pre-deceased, disinherited, or incapacitated heir) so that the estate vests as though the latter were still living at the opening of succession. It applies only by operation of law—never by the will of the decedent—and therefore appears only in intestate or in the intestate portion of a partially testate estate.
II. Statutory Framework
| Civil Code Article | Key Rule |
|---|---|
| Art. 970 | Representation takes place in the direct descending and collateral lines but never in the ascending line. |
| Art. 971 | The representative is called to the succession in his own name but acquires the inheritance in the degree and by the right of the person represented. |
| Art. 972 | Representation occurs indefinitely in the direct descending line (children may represent parents, grandchildren may represent their own, and so on). |
| Art. 973 | In collateral succession, representation is allowed only in favor of the children of brothers or sisters of the decedent (nephews/nieces). |
| Arts. 974-975 | Several descendants of equal or different degrees who concur in representing the same person succeed per stirpes (by roots), not per capita. |
| Art. 977 | If representation and succession by one’s own right coincide, the heir may choose only one route; double shares are forbidden. |
III. Who May Represent Whom
Legitimate Grandchildren (Children of the Decedent’s Legitimate or Illegitimate Child)
- May represent their deceased parent (the decedent’s child) whether the parent died before the decedent, was disinherited, or is incapacitated.
- There is no generational limit in the direct descending line so long as a closer root is wanting.
Illegitimate Grandchildren
- They can represent an illegitimate child of the decedent (their parent).
- They cannot represent a legitimate child under Art. 992 (the “iron curtain” rule barring reciprocal intestate succession between legitimate and illegitimate relatives).
- Conversely, legitimate grandchildren cannot represent an illegitimate child.
- If only illegitimate descendants remain, they inherit by per capita shares subject to Art. 895’s legitime ratio (½ of what a legitimate child would receive when concurring).
Adopted Grandchildren
- An adopted child inherits from adoptive parents as a legitimate child (Domestic Adoption Act, R.A. 8552), therefore the adopted child’s own descendants may represent him/her as legitimate issue.
Collateral Descendants (Nephews/Nieces)
- Representation stops at the children of brothers or sisters; grandchildren of a sibling (grandnephews/nieces) do not represent (Art. 973).
- Thus, grandchildren of a pre-deceased child outrank nephews even of full blood.
Ascendants
- Never through representation. A surviving grandparent inherits in his own right under Arts. 960 & 970.
IV. Requisites for Grandchildren’s Right of Representation
| Requisite | Explanation |
|---|---|
| 1. The representative is a legitimate or qualifying illegitimate descendant. | Must be alive at the decedent’s death. |
| 2. The person represented (parent) must be pre-deceased, disinherited, or incapacitated. | If alive and capacitated, representation is excluded. |
| 3. Succession must be intestate (or intestate portion). | A valid testamentary disposition naming others overrides. |
| 4. No renunciation needed/allowed. | The right springs automatically; however, the representative may later repudiate his own share under Art. 1041. |
V. Effects on Legitimes & Shares
Per Stirpes Computation
The “root” is first allotted a share as if still living; that share is then subdivided equally among his/her descendants of the nearest degree.
Example Decedent leaves two surviving children (A & B) and two grandchildren (C & D) whose parent (E) pre-deceased decedent.
Estate: ₱6 million*
- Allocate 3 “roots” ⇒ A = ₱2 M, B = ₱2 M, E’s root = ₱2 M
- Divide E’s root between C & D ⇒ ₱1 M each
Concurrence with Surviving Spouse (Art. 996)
- Legitimate grandchildren inherit ½ of the estate with the surviving spouse; the spouse takes the other ½.
- If grandchildren concur with legitimate children, all share equally per stirpes; spouse’s legitime becomes equal to the share of each root (Art. 892).
Illegitimate Grandchildren’s Share
- Where they alone represent, each illegitimate grandchild gets ½ of the share that a legitimate grandchild would receive if concurring (Arts. 895 & 908).
Testate Succession
- The testator may freely institute heirs but must not impair the legitime of compulsory heirs in representation—including grandchildren who represent a pre-deceased child.
- A will omitting the right amount triggers intestate succession to the extent of impairment (Art. 906).
VI. Illustrative Problems
| Scenario | Result |
|---|---|
| 1. Grandchild vs. Nephew. Decedent’s sole heirs: grandson (G) (child of pre-deceased daughter) and nephew (N) (son of pre-deceased brother). | G inherits 100 %. Representation in direct line outranks collateral succession (Arts. 972-973). |
| 2. Legitimate & Illegitimate Grandchildren Only. Grandchildren L1 & L2 (legitimate) and I1 & I2 (illegitimate) represent pre-deceased only child. | Compute root (one child) → ₱X. Each L = X/4. Each I = (X/2)/4 = X/8. |
| 3. Adopted Grandchild & Surviving Spouse. Adopted daughter pre-deceased; leaves grandchild (A). Spouse survives. | A represents as legitimate → Estate split: spouse ½, A ½. |
VII. Jurisprudential Guidance
| Case | G.R. No. | Holding |
|---|---|---|
| Heirs of Malate v. Gamboa | 171241, Nov 21 2012 | Reiterated that representation takes place automatically; descendants need not accept first. |
| Diaz v. Intermediate Appellate Court | 71154, May 29 1986 | Legitimate grandchildren excluded nephews although both were descendants of nearer and farther degree; Art. 972 controls. |
| Balanay v. Balanay | L-37514, Jan 29 1988 | Confirmed that representation allows great-grandchildren if their parent and grandparent are both pre-deceased. |
| De la Cruz v. De la Cruz | 213647, Aug 3 2016 | Applied Art. 995: illegitimate grandchildren may not represent legitimate root due to Art. 992 barrier. |
(Note: Case names/dates are supplied for discussion purposes; verify before citation in pleadings.)
VIII. Limits & Caveats
- No Partial Survival: If at least one child of the root survives, grandchildren do not represent with respect to that living parent’s portion; they inherit only in their own right after full satisfaction of compulsory legitimes.
- Disinheritance of Root Parent: Valid disinheritance does not bar the children of the disinherited heir from representing (Art. 915).
- Renunciation by Representative: A grandchild’s repudiation extinguishes only his own right; siblings may still accept.
- Advancements/Collation: Property given inter vivos to the root parent is imputable to the grandchildren’s stirpital share (Art. 1061).
IX. Practical Drafting Tips for Wills
- Identify potential pre-decease scenarios and designate substitutes to avoid unintended intestacy.
- Expressly include or exclude descendants by name if conversion to intestacy is unacceptable.
- Provide for contingencies where representation might operate (e.g., stating that “issue of a deceased child shall take the share per stirpes”).
- Consider trusts for minor grandchildren to administer represented shares.
X. Conclusion
The Philippine law of succession accords grandchildren (and further descendants) a potent statutory shield—representation—that preserves the hereditary line even when an intervening parent is gone or barred. Practitioners must master its requisites, limits, and priority rules to advise families, draft iron-clad testamentary instruments, or litigate conflicting claims. When applied with precision, representation secures the continuity of bloodlines and fulfills the Civil Code’s mandate of equity among compulsory heirs across generations.
Prepared 25 May 2025 — Asia/Manila