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  • I. Nature of Case: Republic Act No. 8552

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    kate joan madrid
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    Maja and Janella seek to inherit from their deceased biological parents. Under Philippine law, if there was no legal adoption, Maja and Janella are entitled to intestate succession and their parental ties were not severed. However, if there was a legal adoption, their rights of succession would be severed unless their biological parent designated them as heirs in a will. To claim inheritance with no legal adoption, Maja and Janella must present their birth or baptismal certificates listing their biological parents. With a legal adoption, they would need to present the will naming them as heirs.

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    Maja and Janella seek to inherit from their deceased biological parents. Under Philippine law, if there was no legal adoption, Maja and Janella are entitled to intestate succession and their parental ties were not severed. However, if there was a legal adoption, their rights of succession would be severed unless their biological parent designated them as heirs in a will. To claim inheritance with no legal adoption, Maja and Janella must present their birth or baptismal certificates listing their biological parents. With a legal adoption, they would need to present the will naming them as heirs.

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    30 views2 pages

    I. Nature of Case: Republic Act No. 8552

    Uploaded by

    kate joan madrid
    Maja and Janella seek to inherit from their deceased biological parents. Under Philippine law, if there was no legal adoption, Maja and Janella are entitled to intestate succession and their parental ties were not severed. However, if there was a legal adoption, their rights of succession would be severed unless their biological parent designated them as heirs in a will. To claim inheritance with no legal adoption, Maja and Janella must present their birth or baptismal certificates listing their biological parents. With a legal adoption, they would need to present the will naming them as heirs.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Flag for inappropriate content
    Download as docx, pdf, or txt
    of 2

    I.

    Nature of Case
    The rights of Maja and Janella to inherit from their deceased biological
    parents.
    II. Application of Laws (and Jurisprudence)

    Republic Act No. 8552 – Domestic Adoption Act of 1998 (An act establishing
    the rules and policies on the domestic adoption of Filipino Children and for
    other purposes)

    Section 16. Parental Authority. – Except in cases where the biological


    parent is the spouse of the adopter, all legal ties between the biological
    parent(s) and the adoptee shall be severed and the same shall then be
    vested on the adopter(s).

    Section 18. Succession. – In legal and intestate succession, the adopter(s)


    and the adoptee shall have reciprocal rights of succession without distinction
    from legitimate filiation. However, if the adoptee and his/her biological
    parent(s) had left a will, the law on testamentary succession shall govern.

    REPUBLIC ACT NO. 386 – New Civil Code of the Philippines

    Article 779. Testamentary succession is that which results from the


    designation of an heir, made in a will executed in the form prescribed by law.
    (n)

    III. Rules:

    a. How may Maja and Janella inherit from their biological parent?
    If the no legal adoption has been made – Maja and Janella shall be
    entitled for intestate succession. Without legal adoption process, the
    parental authority has not severed. The filiation between them still exist.

    If there’s a legal adoption executed – Maja and Janella does not have the
    rights to success, unless the biological parent’s executed a will showing
    that the former was the designated heirs.

    b. Who must claim for inheritance?


    i. If no legal adoption, Maja and Janella, biological daughter of the
    deceased.
    ii. If there’s a legal adoption, ascendants of the deceased or the
    nearest blood relatives

    c. What must they present in order to claim for inheritance?


    i. If no legal adoption - Certificate of Live Birth of Baptismal certificate
    which must contain the name of the biological parents.
    ii. If there’s a legal adoption – The will executed by the deceased
    affixing their name as legal heirs (if applicable)

    Submitted by:
    Janny Carlo Serrano
    Julius David Ubalde
    Kate Joan Ballon
    Queenie Purisima

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