Illegitimate Child Thesis 6z495p

A Critical Study of Article 992 of the Civil Code of the Philippines, Prohibiting Illegitimate and Legitimate Relative from Inheriting from Each Other n Intestate Succession by Francis Rey Cruz

CHAPTER 1 The Problem and its Background

Introduction Throughout the history, illegitimate children were discriminated and considered inferior. Illegitimacy is an old concept both in Civil and Common Law. Their rights have undergone several changes and reformations but it remained as valid classification. In the contemporary world, illegitimate children enjoyed better rights. They are almost situated in the same status with the legitimate children and reforms are being pushed through to completely eliminate the distinctions caused by being born outside a valid marriage. However, these are still not enough. Illegitimate children still suffers discrimination, most specifically in succession. They are prohibited from inheriting from their legitimate relatives whether direct or collateral.

Purpose of the Study The purpose of this study is to give the readers an overview of the concept of illegitimacy and to put emphasis on Article 992, which is one of the remaining discriminations that illegitimate children suffer under our Civil Code.

Significance of the Study The study undertook to discuss illegitimacy, the rights of illegitimate children and the discriminating effect of Article 992 of the Civil Code of the Philippines. The study will give illegitimate children and their relatives an adequate legal understanding of the provision and to be able to secure themselves of a legal recourse to protect themselves from the consequence of the iron curtain rule. It will also provide of the legislative department, a proposal taken from an academic and legalistic argument for the complete abolition of the rule, and if the same cannot be made possible, then its amendment.

Statement of the Problem This paper will specifically undertook to answer the following questions:

1. What is illegitimacy and where did such concept originated? 2. What are the reforms made with regards to the right of illegitimate children?

3. What is Article 992 of the Civil Code of the Philippines and its legal effect to illegitimate children? 4. What are the reasons behind this prohibition? 5. Is the existence of the prohibition still warranted?

Scope and Limitation This study discussed the brief historical background of illegitimacy. It also traced the reforms made not only in the Philippines, but also internationally regarding the rights of illegitimate children. A critical analysis of the Article 992 of the Civil Code was also made and laid down its discriminating effect on illegitimate children,. It objectively examined various jurisprudence laid down not only by the Supreme Court of the Philippines but also by other courts from other states which greatly influenced the reforms made in the rights of illegitimate children. Cases were discussed which involved issues of illegitimacy, their rights and other pertinent issues that the author deemed relevant to his discussion.

The rights of illegitimate children in general were also discussed, but more emphasis was made in their successional rights. Legal developments in the international scene which have been discussed were limited to the illegitimacy and the rights of illegitimate children as incidental part of the study to trace the reforms made in the rights of illegitimate children in the Philippines.

Definition of Bastard - An illegitimate child or those born outside a valid marriage. Its origin can be traced from common law. Illegitimacy - The condition before the law, or the social status, of a child whose parents were not married to each other at the time of his or her birth.

Intestate Succession – It is also called legal succession which occurred after the deceased died without a will. In the Philippines intestate succession is primarily governed by Chapter 3, Title IV, Book III of the Civil Code of the Philippines.

Iron Curtain Rule in Succession – It is the provision of Article 992 of the Civil Code of the Philippines which bars the legitimate and illegitimate from inheriting from each other. Legitime - Is that part of the testator's property which he cannot dispose of because the law has reserved it for certain heirs who are, therefore, called compulsory heirs. In the Philippines, legitime is govern by Book III, Title IV, Chapter 2, Section 5 of the Civil Code of the Philippines. Testamentary Succession - It is a Succession determined in accordance with the provisions of a lawful will and the applicable rules of law. In the Philippines, testamentary succession is governed by Chapter 2, Title IV, Book III of the Civil Code of the Philippines.

Succession - The order in which or the conditions under which one person after another succeeds to a property, dignity, title, or throne. In the Philippines under the Civil Code, it is a mode of acquisition by virtue of which the property, rights and obligations to the extent of the value of the inheritance, of a person are transmitted through his death to another or others either by his will or by operation of law. It is governed by Book III, Title IV of the Civil Code of the Philippines.

CHAPTER 2 Review of Related Literature

History of Illegitimacy Illegitimacy is an old concept, but the discriminations against illegitimate children originated from the union of civil and canon law. To protect the family, relationships not sanction by either state or relation were discourage by branding the children born out of marriage as inferior. In the Philippines, the concept of illegitimacy was first brought by Catholic Church and Spanish Crown. Both the church and the crown’s influence was so sweeping that legislations even today were still` 12 being influenced by them.

Reforms in the Rights of Illegitimated Children

In both civil and common law, reforms were made which have given illegitimate children better rights. They were granted right to established their paternity, allowed their parents to exercise parental authority over them, asked for from their parents, be entitle to a legitime and other rights enjoyed by legitimate children.

CHAPTER 3 Research Designs and Methodologies

Methodologies

Black-Letter This method in research aims to reduce the study of law to an essentially descriptive analysis of a large number of technical and co-ordinated legal rules to be found in primary sources. The primary aim of this method of research is to collate, organize and describe legal rules and to offer commentaries on the emergence and significance of the authoritative legal sources in which such rules are considered, in particular, case law, with the aim of identifying an underlying system.

Doctrinal Approach This method conducts a research which provides a systematic exposition of the rules governing a particular legal category, analyses the relationship between rules, explains areas of difficulty and, perhaps, predicts future developments. The methodology itself is, usually, a close textual analysis of statute and/or the analysis of as much case law as can be discovered. It is the examination of primary materials in order to reach a conclusion about either a specific problem or a conclusion about a set of rules – a “doctrine” – of general application.

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