'Maggie, blaze the trail for illegitimate children such as you'

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Amadea Angela 'Maggie' Ho Aquino is claiming her right to inherit from her grandfather Miguel. But in the eyes of the law, she is an 'illegitimate' child of Miguel's son Arturo who died before Maggie was born.

INHERITANCE RIGHTS. The Supreme Court tackles the constitutionality of Article 992 of the Civil Code which says 'illegitimate' children cannot inherit from the relatives of her parents or vice versa. Photo by LeAnne Jazul/Rappler

Maggie attended the 2nd and final oral arguments on her petition, where she cried as her lawyers presented her arguments before the justices.declare Article 992 unconstitutional, arguing that there is no legal distinction between legitimate and illegitimate children. Solicitor General Jose Calida delivered the government's stance, which is to preserve the constitutionality of Article 992, saying the Supreme Court should practice judicial restraint and not interfere with the prerogative of Congress which penned the law.Associate Justice Ramon Paul Hernando, who supports the striking of Article 992 for being"backward," urged Maggie to complete the case.

Calida pointed out that Maggie's birth certificate had since been amended to declare that her father is Enrique Ho, her stepfather. Maggie said this had to be done out of convenience.Maggie had said in her petition that she had enjoyed deep ties to the Aquino family when her grandfather was alive, with Miguel even providing for her growing up, saying that this proves"open and continuous possession of status of a legitimate child.

 

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Hi Rappler, buhay pa po si Maggie dela Riva.

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