Legitimate children inherit from deceased parents

Dear PAO,
The mother of my cousins was a domestic helper in Singapore for 15 years. Their parents are legally separated for 10 years.

Their mother remarried in Singapore and had a son. After remarrying, their mother and stepfather ran a business. Last year, their mother died. Are my cousins entitled to acquire some properties of their mother?
Bert

Dear Bert,
Your question is anchored on the right of your cousins to inherit from their deceased mother. The law is clear that legitimate children shall inherit from their deceased parents. This is particularly provided by the New Civil Code of the Philippines:

“Art. 978. Succession pertains, in the first place, to the descending direct line.

“Art. 979. Legitimate children and their descendants succeed the parents and other ascendants, without distinction as to sex or age, and even if they should come from different marriages.

An adopted child succeeds to the property of the adopting parents in the same manner as a legitimate child.
“Art. 980. The children of the deceased shall always inherit from him in their own right, dividing the inheritance in equal shares.”

Based on the foregoing provisions, there is no doubt that your cousins are entitled to inherit from their mother. As such, the properties left by their mother or the latter’s estate shall be divided among her heirs, which shall include your cousins, the other children of their mother, if any, and her legal spouse.

Again, we find it necessary to mention that this opinion is solely based on the facts you have narrated and our appreciation of the same. The opinion may vary when the facts are changed or elaborated.
We hope that we were able to enlighten you on the matter.

source:  Manila Times Column of Atty Persida Acosta