Writing about the succession right of representation

The user wants an article strictly using internal knowledge on the "Succession Right Of Representation For Descendants" in the context of Philippine law. This means I should discuss sections from the Civil Code (Articles 970-980), focusing on how representation allows descendants to inherit on behalf of a predeceased parent. I'll include legal bases, jurisdiction, relevant cases, and examples. I'll also include practice tips and common bar exam issues related to inheritance laws to give a comprehensive overview.

Writing a thorough article on rights of succession

I’m planning to structure the article with an introduction defining succession and the right to representation, focusing on relevant provisions from Articles 970-981 of the Civil Code of the Philippines. I’ll also clarify the nature of this right, providing distinctions such as legitimacy, testate vs. intestate succession, and when representation is allowed. I should bring up the differences for legitimate vs. illegitimate children,

Thought for 22 seconds

Succession: Right of Representation for Descendants in Philippine Law (A comprehensive practitioner-level guide)

1. Concept in One Sentence

The right of representation (hereditary representation) is the civil-law fiction by which the children or further descendants of a pre-deceased, disinherited or incapacitated heir step into – and collectively divide – the share that would have gone to that heir had they been able to inherit.

2. Primary Legal Sources

Provision	Key Text / Gist
Civil Code, Arts. 960-1016	General rules on succession (testate, intestate, mixed).
Arts. 970-981	Specific rules on representation (who may represent, extent, effects).
Art. 972	Representation takes place in the direct descending line, never in the ascending, and only exceptionally in the collateral line.
Arts. 975-977	Rules for representation when the branch is legitimate or illegitimate.
Art. 982	Legitimate grandchildren inherit by representation in default of parents.
Art. 993	Illegitimate children represent an illegitimate parent but may not represent a legitimate parent or relative (still the “iron curtain” rule).
Rule 73–90, Rules of Court	Procedural aspects in settlement/partition.
Tax Code, § 84 et seq.	Estate-tax consequences (branch taxation, deductions).
Cases: Jugueta v. Jugueta (G.R. 208408, Apr 20 2016); Spouses Abellera v. Marzan (G.R. 177207, Aug 16 2017); Heirs of Malate v. Gamboa (G.R. 231122, Oct 9 2019); Alcantara v. Alcantara (G.R. 205575, June 25 2014) – clarify computation, legitimacy, and barrier rules.

(No statute or jurisprudence up to 26 May 2025 has yet repealed the Art. 992 “barrier,” although bills are pending.)

3. Where Representation Operates

Intestate succession (most common): default rule when no will or will is void/incomplete.
Testate succession: only for portions of the estate that the testator did not validly dispose of, or when the will expressly allows representation in the legitime.
Partition and collation: computing legitimes and hotchpot, the representative stands in the shoes of the principal heir.
Accrual of usufruct or substitutions in wills (substituted heirs often track representation principles).

4. Basic Requirements

Element	Explanation
A branch (“root”) exists: a child or other descendant who would be an heir if alive and capable.
That root cannot inherit because of death prior to the decedent (most common), valid disinheritance under Arts. 919-923, or incapacity (unworthiness, Art. 1032).
Representatives are called in: all the root’s descendants of the nearest degree. If several, they divide per capita within the branch.
Fiction of personality: representatives are deemed to “mount” to the level of the root, inheriting per stirpes (by branch), not in their own individual right.

5. Scope in the Descending Line

Legitimate Branch Grandchildren and beyond of the decedent inherit the root’s legitime and free portion pro-rata. Example: T dies intestate. His son A pre-deceased, leaving B and C. B and C represent A and divide A’s 1/3 share ½ each (Civil Code Art. 982).
Illegitimate Branch Under Art. 975, illegitimate children of an illegitimate pre-deceased child may represent and divide their parent’s illegitimate share (called the natural share). They inherit in equal portions with other illegitimate heirs of the same degree (Jugueta).
Mixed Legitimacy – the Barrier Art. 992 (“iron curtain”): an illegitimate child cannot inherit ab intestato from legitimate grandparents, nor vice-versa. Therefore no representation of a legitimate child by illegitimate grandchildren and no representation of an illegitimate child by legitimate grandchildren.

Practice note: Bills seeking to repeal this barrier (e.g., House Bill 1023, 19th Cong.) had not become law as of May 2025; the Supreme Court has consistently upheld Art. 992.
Representation Ends With the Branch: If the representatives are in unequal degrees (e.g., one grandchild alive, great-grandchildren of a pre-deceased grandchild), subdivision is still per capita within each sub-branch (Art. 970, par. 2).

6. When Representation Does Not Apply

Ascending line: Parents cannot represent grandparents.
Widow(er) or collateral heirs when no branch exists – they inherit in their own right.
Voluntary exclusion by testator: A will may validly exclude representation for the optional free portion (but not the legitime).
Capacity rules still apply: If a representative is himself unworthy or disqualified, his own descendants may not represent him (Art. 973).

7. Practical Computation Steps

Identify branches (children of decedent).
Strike out those still living; their shares go to them directly.
For each pre-deceased/ incapacitated child: a. List living descendants of nearest degree within that branch. b. Divide that branch’s share per capita among them.
Combine the shares of all branches; proceed to collateral heirs or surviving spouse as required.

Illustrative Problem (Bar-Exam Style)

Facts: D dies intestate, leaving (i) Widow W; (ii) Son S (alive); (iii) Daughter D₁ (pre-deceased, legitimate, left L and M); (iv) Daughter D₂ (pre-deceased, legitimate, child N); (v) net estate ₱9 million. Distribution:

Legitime computation (assume complete intestacy): Spouse = 1, Children/Branches = 1 each ⇒ total “heads” = 3.

Widow W gets ₱3 M.

Children’s portion: remaining ₱6 M ÷ 2 = ₱3 M per branch.

Branch of S (alive): S receives ₱3 M.

Branch of D₁: L and M, being the nearest descendants, divide ₱3 M equally ⇒ ₱1.5 M each.

Branch of D₂: Only N (grandchild) – takes entire ₱3 M.

8. Collation and Advancements

Representatives must collate donations inter vivos received by their root (Art. 1071). This prevents a double benefit and ensures equality among branches. Ascertain all advances or partitions during the decedent’s lifetime.

9. Effect on Forced Heirship (Legitime)

Representation safeguards the legitime of a branch. Even a will disinheriting the child cannot impair the legitime of the representatives unless disinheritance is also expressly based on a cause that applies to them (Art. 918). Thus, disinheritance is personal; the grandchildren of a disinherited child retain the root’s legitime.

10. Procedural Notes in Estate Settlement

Stage	Relevance of Representation
Petition for letters of administration	Must name all heirs by branch, including representatives, to vest jurisdiction.
Publication of notice	Courts often require a family pedigree chart showing representative branches.
Project of Partition	Representatives sign per capita within their branch; minors represented by guardians; check guardianship rules.
Extra-judicial settlement (EJS)	All representatives must sign; failure = risk of nullity/void deed under Art. 1318 in relation to Art. 1098.
BIR estate-tax return	Filing taxpayer indicates “branch” column; separate Tax Identification Numbers (TIN) needed for heirs under Revenue Regs. 12-2022.

11. Estate & Donor’s Tax Implications

The branch concept is irrelevant to the BIR estate-tax rate (graduated 6 % since TRAIN law) but matters for standard deduction ₱5 M and family home deduction ₱10 M – applied once per estate, not per branch.
Donations substitute testate freedom: Be alert to “indirect disinheritance” via excessive donations; grandchildren can sue for inofficiousness under Art. 771 via collation.

12. Common Bar-Exam Angles & Trick Questions

Trick	How to Answer
“Can an illegitimate grandchild represent a legitimate pre-deceased parent?”	No – Art. 992.
“Does representation apply when the root is alive but renounces?”	No; renunciation causes accretion to co-heirs; representation works only when cause is death/incapacity, not voluntary renunciation.
“If a representative is unworthy, who takes?”	His descendants cannot represent him (Art. 973); the share accrues to co-heirs in the same branch.
“Does a will clause appointing ‘my grandchildren’ substitute representation?”	Yes, but only for the free portion; legitime distribution by branch is mandatory.

13. Comparative Glimpse & Reform Tracks

Spanish Civil Code (1889), source of our rules, has already tempered the legitimacy wall.
The Civil Code Revision Committee (2023 draft) proposes abolishing Art. 992, giving equal intestate rights among all descendants regardless of filiation, but this is still pending in Congress.
Advocates argue reform is needed to comply with UN Convention on the Rights of the Child and principles of equality under Art. II, Sec. 14, 1987 Constitution.

14. Checklist for Practitioners Handling an Estate with Representative Heirs

Map the family tree to the 4th degree.
Document death certificates of pre-deceased roots.
Verify filiation (birth certificates, legitimation, RA 9255 surname affidavits).
Check for disinheritance/ incapacity grounds.
Collate prior donations for hotchpot.
Compute legitime vs free portion; adjust will clauses if any.
Prepare draft partition showing per stirpes computation.
Secure guardian ad litem for minor representatives early.
File estate-tax return within one year (extendable).
Annotate titles properly with new undivided shares if real property passes pro-indiviso.

15. Key Take-aways

Representation is automatic; courts do not “grant” it – they only recognize it.
It protects the branch, ensuring grandchildren are not cut off because a parent died early or fell out of favor.
The legitimacy barrier remains the biggest obstacle to equal inheritance; practitioners must keep abreast of pending reforms.
Accurate pedigree mapping and early tax planning prevent most estate quarrels.

Succession Right Of Representation For Descendants Philippines