CAN A BIOLOGICAL PARENT/RELATIVE INHERIT FROM HIS BIOLOGICAL
CHILD/RELATIVE ALREADY LEGALLY ADOPTED BY ANOTHER?
IT IS A RESOUNDING YES!
THE ISSUE IN THIS CASE IS NOT NOVEL. THEY HAD ALREADY BEEN
RAISED AND RULED UPON IN A LONG LINE OF CASES AND THE RULINGS
OF THE HONORABLE SC IN THESE CASES HAS ALWAYS BEEN
CONSISTENT, THERE IS NO NECESSITY TO DEPART FROM THIS LONG
ESTABLISHED DOCTRINES!
IT IS EXPRESSLY PROVIDED UNDER THE CIVIL CODE SPECIFICALLY ART
984 WHICH HAS BEEN SPECIFICALLY REVIVED UNDER ART. 39 OF PD 603
Article 984. In case of the death of an adopted child, leaving no children or descendants, his
parents and relatives by consanguinity and not by adoption, shall be his legal heirs.
PRESIDENTIAL DECREE No. 603
THE CHILD AND YOUTH WELFARE CODE
Article 39. Effects of Adoption. - The adoption shall:
2. Dissolve the authority vested in the natural parent or parents, except where the adopter is
the spouse of the surviving natural parent; (THE LAW FAILED TO PROVIDE AN
ABSOLUTE DELETION OR REMOVAL OF A PARENTAL AUTHORITY IN THE NATURAL
PARENT OR PARENTS) AS IT ADMITS OF AN EXCEPTION)
3. Entitle the adopted person to use the adopter's surname; and
The adopter shall not be a legal heir of the adopted person, whose parents by nature shall inherit
from him, except that if the latter are both dead, the adopting parent or parents take the place of the
natural parents in the line of succession, whether testate or interstate.
FAMILY CODE OF THE PHILIPPINES
Art. 189. Adoption shall have the following effects:
(1) For civil purposes, the adopted shall be deemed to be a legitimate child of the adopters
and both shall acquire the reciprocal rights and obligations arising from the relationship of
parent and child, including the right of the adopted to use the surname of the adopters;
(2) The parental authority of the parents by nature over the adopted shall terminate and be
vested in the adopters, except that if the adopter is the spouse of the parent by nature of the
adopted, parental authority over the adopted shall be exercised jointly by both spouses; and
(3) The adopted shall remain an intestate heir of his parents and other blood relatives.
(39(1)a, (3)a, PD 603)
Art. 190. Legal or intestate succession to the estate of the adopted shall be governed by the
following rules:
(1) Legitimate and illegitimate children and descendants and the surviving spouse of the
adopted shall inherit from the adopted, in accordance with the ordinary rules of legal or
intestate succession;
(2) When the parents, legitimate or illegitimate, or the legitimate ascendants of the adopted
concur with the adopter, they shall divide the entire estate, one-half to be inherited by the
parents or ascendants and the other half, by the adopters; (again, the FC, if there is an
intention to prohibit the parents by nature or the biological parents of the adopted person
to inherit the former from the latter, It failed to do so)
(3) When the surviving spouse or the illegitimate children of the adopted concur with the
adopters, they shall divide the entire estate in equal shares, one-half to be inherited by the
spouse or the illegitimate children of the adopted and the other half, by the adopters.
(4) When the adopters concur with the illegitimate children and the surviving spouse of the
adopted, they shall divide the entire estate in equal shares, one-third to be inherited by the
illegitimate children, one-third by the surviving spouse, and one-third by the adopters;
(5) When only the adopters survive, they shall inherit the entire estate; and
(6) When only collateral blood relatives of the adopted survive, then the ordinary rules of
legal or intestate succession shall apply. (39(4)a, PD 603)
RA 8552
ARTICLE V
EFFECTS OF ADOPTION
Section 16. Parental Authority. – Except in cases where the biological parent is the spouse of the
adopter, all legal ties between the biological parent(s) and the adoptee shall be severed and the
same shall then be vested on the adopter(s).
Section 17. Legitimacy. – The adoptee shall be considered the legitimate son/daughter of the
adopter(s) for all intents and purposes and as such is entitled to all the rights and obligations
provided by law to legitimate sons/daughters born to them without discrimination of any kind. To this
end, the adoptee is entitled to love, guidance, and support in keeping with the means of the family.
Section 18. Succession. – In legal and intestate succession, the adopter(s) and the adoptee shall
have reciprocal rights of succession without distinction from legitimate filiation. However, if the
adoptee and his/her biological parent(s) had left a will, the law on testamentary succession shall
govern.
