EIGHTEENTH CONGRESS OF THE )

REPUBLIC OF THE PHILIPPINES )

First Regular Session )

SENATE

S.B. No. 19-2563-114 .

Introduced by: SENATOR PRETORIA EL SALVADOR

AN ACT
AMENDING ARTICLE 992 OF REPUBLIC ACT NO. 386, AS AMENDED,
OTHERWISE KNOWN AS THE CIVIL CODE OF THE PHILIPPINES

Be it enacted by the Senate and the House of Representatives of the Philippines in Congress
assembled:

1 SECTION 1. Article 992 of the Civil Code of the Philippines is hereby amended as
2 follows:
3
4 Art. 992. An illegitimate child has no right to inherit ab intestato from the legitimate
5 children and collateral blood relatives of his father or mother; nor shall such children or
6 collateral blood relatives inherit in the same manner from the illegitimate child, except in
7 cases when such illegitimate child has proved his or her filiation pursuant to the
8 provisions of Art. 172 and 175 of the Family Code.
9
10 SECTION 2. Definition of Terms. – For the purposes of this Act, the following terms are
11 defined:
12
13 (a) Legal or intestate succession or ab intestato takes place if a person dies without
14 a will, or one which has subsequently lost its validity;1
15
16 (b) Legitimate children are those children conceived or born during the marriage
17 of the parents;2
18
19 (c) Illegitimate children are those children conceived and born outside a valid
20 marriage;3
21
22 (d) Iron curtain rule refers to a barrier that prohibits absolutely a succession ab
23 intestato between the illegitimate child and the legitimate children and relatives of
24 the father or mother of said illegitimate child;4
25
26 (e) A collateral line is that constituted by the series of degrees among persons who
27 are not ascendants and descendants, but who come from a common ancestor.
28 Therefore, a collateral blood relative refers to any blood relative who is not a direct
29 ancestor. Parents, grandparents, great-grandparents, and etc. are one’s ancestors
30 whereas collateral relatives are cousins, nieces, nephews, aunts, uncles, siblings,
31 and etc.5

1
Civil Code of the Philippines, Art. 960, par. 1
2
Family Code of the Philippines, Art. 164, par. 1
3
Ibid, Art. 175, par. 1
4
Tongoy v. Court of Appeals, G.R. No. L-45645, June 28, 1983
5
Heirs of Pascasio Uriarte v. Court of Appeals, G. R. No. 116775, January 22, 1988

1
32 SECTION 3. Declaration of policy. – It is hereby declared that the word ‘relative’ in Art.
33 992 of the Civil Code is to be amended to ‘collateral blood relatives’ and thus, construed
34 to exclude direct ancestors such as parents, grandparents, great-grandparents to whom
35 illegitimates cannot inherit ab intestato, as it is deemed to be more in consonance with the
36 equal protection clause of the Constitution. The phrase ‘except in cases when such
37 illegitimate child has proved his or her filiation pursuant to the provisions of Art. 172 and
38 175 of the Family Code’ is furthermore added to the provision to give illegitimates who
39 have established their filiation in relation to Art. 172 and 175 of the Family Code, a claim
40 to their successional rights, which the iron curtain rule has barred for a long period of time.
41
42 SECTION 4. Separability Clause. – If any provision of this Act is declared invalid or
43 unconstitutional, the other sections or provisions hereof shall not be affected thereby and
44 shall remain in force and effect.
45
46 SECTION 5. Repealing Clause. – All laws, presidential decrees, executive orders,
47 proclamations, issuances, administrative orders, rules and regulations which are contrary
48 to or inconsistent with any provision of this Act are hereby amended, modified, superseded
49 or repealed accordingly.
50
51 SECTION 6. Effectivity Clause. – This Act shall take effect fifteen (15) days after its
52 publication in the Official Gazette or in a newspaper of general circulation.
53

Approved,