Effect of illegitimate filiation of the representatives as qualified by the ruling in Aquino v. Aquino, G.R. Nos. 208912 and 209018, December 7, 2021

In the case of Aquino v. Aquino, G.R. Nos. 208912 and 209018, the Supreme Court held that a child whose parents did not marry each other can inherit from their grandparents by their right of representation, regardless of the grandparent’s marital status at the birth of the child’s parent.

The Supreme Court decides: A marriage officiated by someone without legal authority is generally void—but not if one or both spouses genuinely believed that the person had the authority to solemnize the marriage.

Article 35 (2) of the Family Code provides that marriages officiated by person with no legal authority are considered void, except if one or both parties to the marriage believed in good faith that the officer had legal authority to solemnize the marriage.

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