Breaking the barrier: Questioning the presumption of animosity against illegitimate children
Date of Publication
College of Law
Honorable mention, 2019/6th batch
Avelino M. Sebastian Jr.
Defense Panel Member
Virgilio De Los Reyes
The Iron Curtain Rule, embodied in Article 992 of the Civil Code, creates an absolute bar that operates bilaterally. It prohibits an illegitimate child to succeed intestate from the legitimate descendants, ascendants, and collateral relative of his legitimate parent. In the same way, these legitimate relatives are disqualified to inherit intestate from such illegitimate child. The reason for the law, as the Supreme Court have since then stated, is the antagonistic feelings between the legitimate family on one hand, and the illegitimate family on the other. This apparent resentment, coined as the presumption of animosity, is a conclusive presumption. Therefore, no circumstance or evidence to the contrary will be considered.
This study proposes that the presumption of animosity be transformed into a mere disputable presumption through an amendment. With this proposal, both the illegitimate child and the legitimate family will be given a fair opportunity to be heard regarding the circumstances surrounding their actual relationship in every case. Instead of promoting differences between statuses, the law will therefore foster a more harmonious relationship between among family members-- legitimate or illegitimate.
Archives, The Learning Commons, 12F Henry Sy Sr. Hall
, 102,  leaves : illustrations (some color) ; 28 cm.
Illegitimate children--Law and legislation--Philippines; Illegitimate children--Philippines
Navarro, K. (2019). Breaking the barrier: Questioning the presumption of animosity against illegitimate children. Retrieved from https://animorepository.dlsu.edu.ph/etd_honors/402