At a time when illegitimate children has been outnumbering legitimate ones, the Supreme Court has tackled a involving inheritance rights of the former.
Article 992 of the New Civil Code prohibits an illegitimate child from inheritance.
Government data show that 53.3% of children born in 2017 are out of wedlock or illegitimate children.
Development experts said on Tuesday’s hearing that the public is now more open when it comes to illegitimate children.
The SC started oral arguments of an illegitimate child, whose father has died before she was born, may inherit from her paternal grandfather considering she was “openly and publicly” recognized by the family before the clan patriarch died.
“Therefore, Article 992 of the Civil Code and other provisions such as Art. 175 of the Family Code that deny illegitimate children rights merely because of their status does not achieve any state interest and is inconsistent with our treaty obligation,” UP law professor Elizabeth Pangalangan told SC justices.
Another professor said during the oral arguments that the removal of distinction between legitimate and illegitimate has long been overdue.
The two professors note that Philippine society is more open-minded when it comes to illegitimate children.
