By: ATTY. ROGELIO N. WONG
“Laws relating to family rights and duties,or to
the status, condition and legal capacity of
persons are binding upon Filipino citizens, even
though living abroad.” (Article 15 Civil Code of
the Philippines)
ENTITLED BANG MAG INHERIT
ANG WIDOWER SA LUPA NA NAMANA
NG ASAWA MULA MAGULANG?
Q. Atty. Good pm. Point of clarification lang po. Ang kapatid ko nag asawa na may na inherit na property sa mga parents namin na naipangalan sa sister naming sa ititulo at nakalagay sa nasabing titulo the name of her husband. Wala po silang anak. Namatay na ang sister ko saan mapupunta ung inherited property from my parents? Kinasal po sila after August 3,1988 noong effective na po ang Family Code. Sana po mabigyan ninyon ng pansin ang tanong. Maraming Salamat. E.A.
ANS: Actually natalakay na ang usaping ito sa TY video ng Batas Pinoy. As emphasized,kung ung kapatid mo ay nagkatanggap ng inheritance AFTER na kinasal na sila and they were married after August 3,1988 kung saan effective na Family Code, the inherited property, whether under conjugal partnership of gains regime or absolute community property regime ng mag asawa , and the in the absence of a -nuptial agreement or marriage settlement to the contrary, ay EXCLUDED sa community property ng mag asawa ang inherited property sa ilalim ng Art.92-109 ng Family Code.
However, one should be mindful of the fact na, sa ilalim ng Art.887 ng Civil Code of the Philippines, as amended ang widow or widower , bilang surviving spouse ay maituturing na compulsory heir at entitled sa legitime mula sa ESTATE ng deceased spouse.
Ung inherited property although HINDI kasama sa Absolute Community Property ng mag asawa, ito ay kasama pa rin sa ESTATE o property ng deceased spouse na kapatid mo. At dahil wala silang anak, at buhay pa ang
2
inyong magulang, ung legitime ng mga compulsory heirs ay equal o pareho pareho.
Samakatuwid, sa ganoong scenario, ung 1/2 ng inherited property ay mapupunta sa surviving parent , at ung natirang 1/2 ay mapupunta sa surviving spouse bilang kanyang legitime as compulsory heir.
In default of your parents, kung patay na sila, ung ½ na para sana sa magulang ay mapupunta sa mga surviving siblings ninyong magkakapatid at divided equally. Take note that the law provides that “should brothers and sisters or their children survive with the widow or widower, the latter shall be entitled to one-half of the inheritance and the brothers and sisters or their children to the other half” (Article 1001, Civil Code).
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