"Xxx.
Xxx. Under the law, specifically Article 1025 of Republic Act 386, otherwise known as the New Civil Code of the Philippines, the rules regarding a person's capacity to inherit are provided, viz:
"Article 1025. In order to be capacitated to inherit, the heir, devisee or legatee must be living at the moment the succession opens, except in case of representation, when it is proper.
A child already conceived at the time of the death of the decedent is capable of succeeding provided it be born later under the conditions prescribed in Article 41. (n) (Emphasis and underscoring supplied)
Pertinent to the above provision, the following are considered as compulsory heirs:
"Article 887. The following are compulsory heirs:
(1) Legitimate children and descendants, with respect to their legitimate parents and ascendants;
(2) In default of the foregoing, legitimate parents and ascendants, with respect to their legitimate children and descendants;
(3) The widow or widower;
(4) Acknowledged natural children, and natural children by legal fiction;
(5) Other illegitimate children referred to in Article 287.
Compulsory heirs mentioned in Nos. 3, 4 and 5 are not excluded by those in Nos. 1 and 2; neither do they exclude one another.
In all cases of illegitimate children, their filiation must be duly proved.
The father or mother of illegitimate children of the three classes mentioned shall inherit from them in the manner and to the extent established by this Code. (807a)" (Emphasis and underscoring supplied)
Succinctly, a reading of the cited laws dictate that a child, regardless of status and physical condition, is deemed capacitated to inherit. In fact, aside from such capacity, a legitimate child is also considered as a compulsory heir who is entitled to receive his or her inheritance. To reiterate, the only condition required by law is for an heir, devisee or legatee to be living at the moment the succession opens.
For your guidance, there is nothing in the law which says that a person's disability, physical condition and special needs constitute a ground for disinheritance under Article 919 nor as a cause for incapacity as stated under Article 1027 of the same law.
At most, it must be noted that a person's physical incapacity and special needs may be considered as restrictions on his or her capacity to act for being akin to minority, insanity or imbecility. But the same must not be interpreted and construed to deny a child of his or her rightful inheritance. For your reference, Article 38 and Article 39 of the New Civil Code of the Philippines state the meaning of restrictions and indicate some grounds, which limit a person's capacity to act, thus:
"Article 38. Minority, insanity or imbecility, the state of being a deaf-mute, prodigality and civil interdiction are mere restrictions on capacity to act, and do not exempt the incapacitated person from certain obligations, as when the latter arise from his acts or from property relations, such as easements. (32a)
Article 39. The following circumstances, among others, modify or limit capacity to act: age, insanity, imbecility, the state of being a deaf-mute, penalty, prodigality, family relations, alienage, absence, insolvency and trusteeship. The consequences of these circumstances are governed in this Code, other codes, the Rules of Court, and in special laws. Capacity to act is not limited on account of religious belief or political opinion.
A married woman, twenty-one (21) years of age or over, is qualified for all acts of civil life, except in cases specified by law." (Emphasis and underscoring supplied)
At any rate, it is worth emphasizing that a person must never be discriminated against on the sole basis of his or her mental capacity or deficiency. To elucidate, a person with special needs stands on an equal footing with any other person and is entitled to his civil rights including the right to receive inheritance. Precisely, in Section 5 of Republic Act 11036, otherwise known as the Mental Health Act, it is stated that:
"Section 5. Rights of Service Users. - Service users shall enjoy, on an equal and nondiscriminatory basis, all rights guaranteed by the Constitution as well as those recognizes under the United Nations Universal Declaration of Human Rights and the Convention on the Rights of Persons with Disabilities and all other relevant international and regional human rights conventions and declarations, including the right to:
(a) Freedom from social economic, and political discrimination and stigmatization, whether committed by public or private actors;
(b) Exercise all their inherit civil, political, economic, social, religious, educational, and cultural rights respecting individual qualities, abilities and diversity of background, without discrimination on the basis of physical disability, age, gender, sexual orientation, race, color, language, religion or nationality, ethnic, or social origin; x x x." (Emphasis and underscoring supplied)
"Article 1025. In order to be capacitated to inherit, the heir, devisee or legatee must be living at the moment the succession opens, except in case of representation, when it is proper.
A child already conceived at the time of the death of the decedent is capable of succeeding provided it be born later under the conditions prescribed in Article 41. (n) (Emphasis and underscoring supplied)
Pertinent to the above provision, the following are considered as compulsory heirs:
"Article 887. The following are compulsory heirs:
(1) Legitimate children and descendants, with respect to their legitimate parents and ascendants;
(2) In default of the foregoing, legitimate parents and ascendants, with respect to their legitimate children and descendants;
(3) The widow or widower;
(4) Acknowledged natural children, and natural children by legal fiction;
(5) Other illegitimate children referred to in Article 287.
Compulsory heirs mentioned in Nos. 3, 4 and 5 are not excluded by those in Nos. 1 and 2; neither do they exclude one another.
In all cases of illegitimate children, their filiation must be duly proved.
The father or mother of illegitimate children of the three classes mentioned shall inherit from them in the manner and to the extent established by this Code. (807a)" (Emphasis and underscoring supplied)
Succinctly, a reading of the cited laws dictate that a child, regardless of status and physical condition, is deemed capacitated to inherit. In fact, aside from such capacity, a legitimate child is also considered as a compulsory heir who is entitled to receive his or her inheritance. To reiterate, the only condition required by law is for an heir, devisee or legatee to be living at the moment the succession opens.
For your guidance, there is nothing in the law which says that a person's disability, physical condition and special needs constitute a ground for disinheritance under Article 919 nor as a cause for incapacity as stated under Article 1027 of the same law.
At most, it must be noted that a person's physical incapacity and special needs may be considered as restrictions on his or her capacity to act for being akin to minority, insanity or imbecility. But the same must not be interpreted and construed to deny a child of his or her rightful inheritance. For your reference, Article 38 and Article 39 of the New Civil Code of the Philippines state the meaning of restrictions and indicate some grounds, which limit a person's capacity to act, thus:
"Article 38. Minority, insanity or imbecility, the state of being a deaf-mute, prodigality and civil interdiction are mere restrictions on capacity to act, and do not exempt the incapacitated person from certain obligations, as when the latter arise from his acts or from property relations, such as easements. (32a)
Article 39. The following circumstances, among others, modify or limit capacity to act: age, insanity, imbecility, the state of being a deaf-mute, penalty, prodigality, family relations, alienage, absence, insolvency and trusteeship. The consequences of these circumstances are governed in this Code, other codes, the Rules of Court, and in special laws. Capacity to act is not limited on account of religious belief or political opinion.
A married woman, twenty-one (21) years of age or over, is qualified for all acts of civil life, except in cases specified by law." (Emphasis and underscoring supplied)
At any rate, it is worth emphasizing that a person must never be discriminated against on the sole basis of his or her mental capacity or deficiency. To elucidate, a person with special needs stands on an equal footing with any other person and is entitled to his civil rights including the right to receive inheritance. Precisely, in Section 5 of Republic Act 11036, otherwise known as the Mental Health Act, it is stated that:
"Section 5. Rights of Service Users. - Service users shall enjoy, on an equal and nondiscriminatory basis, all rights guaranteed by the Constitution as well as those recognizes under the United Nations Universal Declaration of Human Rights and the Convention on the Rights of Persons with Disabilities and all other relevant international and regional human rights conventions and declarations, including the right to:
(a) Freedom from social economic, and political discrimination and stigmatization, whether committed by public or private actors;
(b) Exercise all their inherit civil, political, economic, social, religious, educational, and cultural rights respecting individual qualities, abilities and diversity of background, without discrimination on the basis of physical disability, age, gender, sexual orientation, race, color, language, religion or nationality, ethnic, or social origin; x x x." (Emphasis and underscoring supplied)
Xxx. "
Source:
https://www.manilatimes.net/2021/11/29/legal-advice/child-with-special-needs-can-inherit/1824021
https://www.manilatimes.net/2021/11/29/legal-advice/child-with-special-needs-can-inherit/1824021
