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INSTITUTION OF HEIRS
adoption proceedings shall be kept strictly
confidential.
1. In General
If the court finds that the disclosure of the information
to a third person is necessary for purposes connected
ART. 840. Institution of heir is an act by virtue of
with or arising out of the adoption and will be for the
which a testator designates in his will the person or
best interest of the adoptee, the court may merit the
persons who are to succeed him in his property and
necessary information to be released, restricting the
transmissible rights and obligations.
purposes for which it may be used.
ART. 841. A will shall be valid even though it should
SEC. 16. Parental Authority. – Except in cases where
not contain an institution of an heir, or such institution
the biological parent is the spouse of the adopter, all
should not comprise the entire estate, and even
legal ties between the biological parent(s) and the
though the person so instituted should not accept the
adoptee shall be severed and the same shall then be
inheritance or should be incapacitated to succeed.
vested on the adopter(s).
In such cases the testamentary dispositions made in
SEC. 17. Legitimacy. – The adoptee shall be
accordance with law shall be complied with and the
considered the legitimate son/daughter of the
remainder of the estate shall pass to the legal heirs.
adopter(s) for all intents and purposes and as such is
entitled to all the rights and obligations provided by
a. Classification of heirs 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
ART. 887. The following are compulsory heirs: the means of the family.
1. Legitimate children and descendants, with
respect to their legitimate parents and SEC. 18. Succession. – In legal and intestate
ascendants; succession, the adopter(s) and the adoptee shall have
2. In default of the foregoing, legitimate parents reciprocal rights of succession without distinction
and ascendants, with respect to their from legitimate filiation. However, if the adoptee and
legitimate children and descendants; his/her biological parent(s) had left a will, the law on
3. The widow or widower; testamentary succession shall govern.
4. Acknowledged natural children, and natural
children by legal fiction; FC.
5. Other illegitimate children referred to in Article ART. 189. Adoption shall have the following effects:
287. 1. For civil purposes, the adopted shall be
deemed to be a legitimate child of the
Compulsory heirs mentioned in Nos. 3, 4, and 5 are adopters and both shall acquire the reciprocal
not excluded by those in Nos. 1 and 2; neither do they rights and obligations arising from the
exclude one another. relationship of parent and child, including the
right of the adopted to use the surname of the
In all cases of illegitimate children, their filiation must adopters;
be duly proved. 2. The parental authority of the parents by nature
over the adopted shall terminate and be
The father or mother of illegitimate children of the vested in the adopters, except that if the
three classes mentioned, shall inherit from them in the adopter is the spouse of the parent by nature
manner and to the extent established by this Code. of the adopted, parental authority over the
adopted shall be exercised jointly by both
ART. 287. Illegitimate children other than natural in spouses; and
accordance with Article 269 and other than natural 3. The adopted shall remain an intestate heir of
children by legal fiction are entitled to support and his parents and other blood relatives.
such successional rights as are granted in this Code.
RA 8552. b. Extent of grant
SEC. 15. Confidential Nature of Proceedings and
Records. – All hearings in adoption cases shall be
confidential and shall not be open to the public. All ART. 842. One who has no compulsory heirs may
records, books, and papers relating to the adoption dispose by will of all his estate or any part of it in favor
cases in the files of the court, the Department, or any of any person having capacity to succeed.
other agency or institution participating in the
One who has compulsory heirs may dispose of his
estate provided he does not contravene the provisions ART. 851. If the testator has instituted only one heir,
of this Code with regard to the legitime of said heirs. and the institution is limited to an aliquot part of the
inheritance, legal succession takes place with respect
to the remainder of the estate.
2. Identification of heirs
The same rule applies if the testator has instituted
ART. 843. The testator shall designate the heir by his several heirs, each being limited to an aliquot part, and
name and surname, and when there are two persons all the parts do not cover the whole inheritance.
having the same names, he shall indicate some
circumstance by which the instituted heir may be ART. 852. If it was the intention of the testator that the
known. instituted heirs should become sole heirs to the whole
estate, or the whole free portion, as the case may be,
Even though the testator may have omitted the name and each of them has been instituted to an aliquot
of the heir, should he designate him in such manner part of the inheritance and their aliquot parts together
that there can be no doubt as to who has been do not cover the whole inheritance, or the whole free
instituted, the institution shall be valid. portion, each part shall be increased proportionally.
ART. 844. An error in the name, surname, or ART. 853. If each of the instituted heirs has been
circumstances of the heir shall not vitiate the given an aliquot part of the inheritance, and the parts
institution when it is possible, in any other manner, to together exceed the whole inheritance, or the whole
know with certainty the person instituted. free portion, as the case may be, each part shall be
reduced proportionally.
If among persons having the same names and
surnames, there is a similarity of circumstances in 5. Effect of predecease of heir
such a way that, even with the use of the other proof,
the person instituted cannot be identified, none of
them shall be an heir. ART. 856. A voluntary heir who dies before the
testator transmits nothing to his heirs.
ART. 845. Every disposition in favor of an unknown
person shall be void, unless by some event or A compulsory heir who dies before the testator, a
circumstance his identity becomes certain. However, a person incapacitated to succeed, and one who
disposition in favor of a definite class or group of renounces the inheritance, shall transmit no right to
persons shall be valid. his own heirs except in cases expressly provided for in
this Code.
3. Rule of equality
6. Cause
ART. 846. Heirs instituted without designation of
shares shall inherit in equal parts. ART. 850. The statement of a false cause for the
institution of an heir shall be considered as not
ART. 847. When the testator institutes some heirs written, unless it appears from the will that the
individually and others collectively as when he says, "I testator would not have made such institution if he
designate as my heirs A and B, and the children of C," had known the falsity of such cause.
those collectively designated shall be considered as
individually instituted, unless it clearly appears that
the intention of the testator was otherwise. 7. Preterition
ART. 848. If the testator should institute his brothers
and sisters, and he has some of full blood and others ART. 854. The preterition or omission of one, some, or
of half blood, the inheritance shall be distributed all of the compulsory heirs in the direct line, whether
equally unless a different intention appears. living at the time of the execution of the will or born
after the death of the testator, shall annul the
ART. 849. When the testator calls to the succession a institution of heir; but the devises and legacies shall
person and his children they are all deemed to have be valid insofar as they are not inofficious.
been instituted simultaneously and not successively.
If the omitted compulsory heirs should die before the
testator, the institution shall be effectual, without
4. Manner of institution
prejudice to the right of representation. specified by law.
ART. 906. Any compulsory heir to whom the testator Neither can he impose upon the same any burden,
has left by any title less than the legitime belonging to encumbrance, condition, or substitution of any kind
him may demand that the same be fully satisfied. whatsoever.