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AllBar 2024CIVIL LAWIII. PERSONS AND FAMILY RELATIONSN. Paternity and Filiation2. Legitimate and Illegitimate Children - Family Code, arts. 164-165 and 167-169c. Rights of Illegitimate Children - Family Code, Art. 176 as amended by R.A. No. 9255

Question

Legitimate and Illegitimate Children - Rights

Consider the following scenario:

Maria and Juan are in a long-term relationship and have a child named Sofia. Maria and Juan are not married. One day, Maria passes away without leaving a will. In the absence of any legal document specifying the child's rights, Sofia's paternal grandmother, Doña Dolores, claims that Sofia is not entitled to any inheritance from Maria's estate. On the other hand, Sofia argues that she should be entitled to a share of her mother's estate as an illegitimate child.

Question: In accordance with the relevant provisions of the Family Code, particularly on the rights of illegitimate children, discuss whether Sofia is entitled to inherit from her deceased mother's estate or not.




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Bar Review Question: Legitimate and Illegitimate Children - Rights Consider the following scenario: Maria and Juan ar