Practice question
A grandparent dies intestate leaving one living child and two children of another child who predeceased her. The grandchildren’s filiation and capacity are established, and one was born outside marriage. No other heir affects the stated branch division. Which approach follows Article 974 and Aquino?
- Give the living child everything solely because one grandchild was born outside marriage
- Recognize the deceased child’s branch through proper representation, with its representatives sharing that branch rather than each claiming a full child’s share
- Divide the estate by the grandchildren’s incomes
- Automatically exclude both grandchildren because they are more distant
- Treat the grandchildren as agents of the deceased parent’s estate
Legal references
- Aquino v. Aquino, G.R. 208912/209018, December 7, 2021, main opinion; Civil Code, Articles 971 and 974: https://lawphil.net/judjuris/juri2021/dec2021/gr_208912_2021.html
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