Breaking the barrier: Questioning the presumption of animosity against illegitimate children

Date of Publication

2019

Document Type

Dissertation

Degree Name

Juris Doctor

College

College of Law

Department/Unit

Law

Honor/Award

Honorable mention, 2019/6th batch

Thesis Adviser

Avelino M. Sebastian Jr.

Defense Panel Member

Virgilio De Los Reyes

Abstract/Summary

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.

Abstract Format

html

Language

English

Format

Print

Accession Number

TG07304

Shelf Location

Archives, The Learning Commons, 12F Henry Sy Sr. Hall

Physical Description

[5], 102, [12] leaves : illustrations (some color) ; 28 cm.

Keywords

Illegitimate children--Law and legislation--Philippines; Illegitimate children--Philippines

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