Justice Hernando: SC petitioner may be trailblazer for illegitimate children

Supreme Court (SC) Associate Justice Ramon Paul Hernando on Tuesday told a woman seeking to inherit from her grandfather's estate despite being an illegitimate child that she may be a trailblazer for children born out of wedlock.

The SC is handling a case that involves the constitutionality of Article 992 of the New Civil Code, which prohibits illegitimate children from inheriting from the legitimate relatives of their father or mother and vice versa.

This stems from a petition asking whether or not an illegitimate child may claim from her paternal grandfather's estate considering she had been recognized by the family until after his death, when her relatives excluded her from being an heir.

During the second day of oral arguments on the case, Hernando asked the petitioner, now 41 years old, if the legitimate family giving her the lot her grandfather left her would give her "closure."

"You know, Maggie, decades ago, another Maggie blazed the trail for rape victims. I'm referring to Maggie dela Riva. And for illegitimate children like you, you might be just that Maggie who will blaze the trail for children such as you," Hernando said.

The petitioner said she will submit to the court, the same response she gave Associate Justice Jose Reyes, Jr., who suggested that the legitimate family simply give her the 2,000-square meter lot in Davao City for the case to have a "happy solution."

But the woman relented when Hernando pressed on, saying: "No, no, you look into the deep recesses of your heart and mind. Will a compromise agreement that will give you property really give you closure?"

"No, because all along, in your heart, in your mind, you've always longed for family,"  the justice said, which the woman answered in the affirmative.

"Which is why I would say that based from what I've seen of you earlier when you almost cried uncontrollably, you will see this case to its completion, isn't it? For your filiation to be finally established. It may not be in the eyes of God or of your perceived family, but in your heart you are a child of your father and your mother," Hernando said.

"Yes, Your Honor," the woman said.

In her petition, the woman argued that she has the status of a legitimate child despite never having been formally acknowledged by her father, who died before she was born, and that his family cannot deny they had always treated her as their own.

The SC ordered the parties—the woman and her late father's brothers—to submit their respective memorandums, or summation of arguments, on or before October 7, after which the case will be considered submitted for resolution. — BM, GMA News