Pwede po ba na mapunta sa akin ang bahay na naiwan ng namatay kong tatay kahit na walang siyang naiwan na kasulatan kung kanino niya ito ibibigay?
Sec. 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 had left a will, the law on testamentary succession shall govern.
It seems therefore that the right of an adopted child to inherit from adoptive parents under the Family Code has been repealed by RA 8552. However, in law, implied repeals are frowned upon. Thus, it may be argued that Article 189 of the Family Code is still good law.
For your case, there was never a "Will" from your adoptee.
In my view, those provisions of the Family Code that have not been expressly repealed by RA 8552 are still applicable.
Therefore you still have a right or portion and or you are a co-owner.
Please be reminded that this advice is based solely on the facts you have narrated and my appreciation of the same. My opinion may vary when other facts are changed or elaborated.
Free Legal Advice Philippines » FREE LEGAL ADVICE » PROPERTY » Pwede po ba na mapunta sa akin ang bahay na naiwan ng namatay kong tatay kahit na walang siyang naiwan na kasulatan kung kanino niya ito ibibigay?
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