Republic of the Philippines 
House of Representatives 
Quezon City, Metro Manila 
Nineteenth
Second 
Introduced by Representative LORDAN G. SUAN 
EXPLANATORY NOTE 
The Iron Curtain Rule provides that illegitimate children cannot inherit ab 
intestato from the legitimate children and relatives of their mother or father. It 
also provides that legitimate children and relatives cannot inherit in the same 
way from the illegitimate child. 
The rule is described in Article 992 of the Civil Code. It reads: 
ARTICLE 992. An illegitimate child has no right to inherit ab intestato from 
the legitimate children and relatives of his father or mother; nor shall children 
or relatives inherit in the same manner from the illegitimate child. 
This prohibition affects the illegitimate child’s right of representation 
under Articles 970 to 977 of the Civil Code. The prohibition in Article 992 is so 
restrictive that the Supreme Court has characterized it as an "iron curtain." 
The Supreme Court ruled in the landmark case of Aquino vs Aquino1, that 
children, regardless of their status and their parent’s marital status, can now 
inherit from their grandparents and other direct ascendants by right of 
representation. This ruling upholds the best interest of the child. The Decision 
used the terms “marital” and “nonmarital” to replace the terms “legitimate” and 
“illegitimate” when referring to the children, as the latter terms are pejorative 
terms when used to describe children based on their parents’ marital status.  
1 G.R. Nos. 208912 and 209018, December 7, 2021 
August 14, 2023
1:55 pm
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The Supreme Court, in a decision penned by Justice Marvic F. Leonen, said: 
 “Intestate succession is based on the decedent’s presumed will. Article 
992 then, assumes that the decedent’s disposition of their property would not 
have included any nonmarital children due to a supposed hostility between the 
marital family and the nonmarital child because the latter was the outcome of 
an extramarital affair.” 
He further argues that: 
“However, a nonmarital child is not defined that way. Nonmarital 
children, or "illegitimate children" as used under Article 165 of the Family 
Code, are "children conceived and born outside a valid marriage. The phrase 
"outside a valid marriage" does not necessarily mean an extramarital affair. 
Parents may choose not to get married despite having no legal impediment to 
marry. The 2016 report of the Philippine Statistics Authority on Marriage in the 
Philippines showed a declining trend in the number of marriages—from 
490,054 registered marriages in 2007 to 419,628 in 2016. In 10 years, the 
number decreased by 14.4%. 
xxx 
Another reason why a child could have been born “outside a valid 
marriage” is because their mother was a victim of sexual assault who did not 
marry the perpetrator. This is an unfortunate and wretched reality.” 
Thus, there are circumstances where the child is born “illegitimate”, yet 
there may be no antagonism, incompatibility, or hostility to speak of.  Article 922 
is too restrictive to presume complex family dynamics or circumstances of birth. 
In the words of Justice Marvic F. Leonen, “Peace within families cannot be 
encouraged by callously depriving some of its members of their inheritance. 
Such deprivation may even be the cause of antagonism and alienation that could 
have been otherwise avoided.” 
An illegitimate child is already at a disadvantage, as Article 895 of the Civil 
Code provides that an illegitimate child’s legitime shall consist of one-half of the 
legitime of each of the legitimate children or descendants. Repealing Article 992 
of the Civil Code will serve to protect a child born on circumstances beyond their 
control by allowing them to inherit by right of representation under Articles 970 
to 977 of the Civil Code. It also promotes peace within families as the legitimate 
children and other relatives can now inherit from the illegitimate child.  


 
 
Public policy protects the welfare of children regardless of their parent’s 
marital status. This is reflected in our constitution, our laws, and the treaties we 
signed. 
 
No less than the 1987 Constitution affirms the dignity of children as 
human beings and mandates the promotion and protection of their physical, 
moral, spiritual, intellectual, and social well-being. Thus: 
 
ARTICLE II 
 
SECTION 13. The State recognizes the vital role of the youth in nation-
building and shall promote and protect their physical, moral, spiritual, 
intellectual, and social well-being. It shall inculcate in the youth patriotism and 
nationalism, and encourage their involvement in public and civic affairs. 
 
ARTICLE XV 
 
SECTION 3. The State shall defend: 
 
xxx 
 
(2) The right of children to assistance, including proper care and 
nutrition, and special protection from all forms of neglect, abuse, cruelty, 
exploitation, and other conditions prejudicial to their development; 
 
xxx 
 
Presidential Decree No. 603, otherwise known as the Child and Youth 
Welfare Code, provides the recognition, promotion, and protection of the child’s 
rights, without distinction among others, to their parent’s marital status. Article 
3 states: 
 
Art. 3. Rights of the Child. – All children shall be entitled to the rights 
herein set forth without distinction as to legitimacy or illegitimacy, sex, social 
status, religion, political antecedents, and other factors. 
 
The Philippines, being a signatory of the United Nations Convention on 
the Rights of the Child, abides by the universal standards on children’s rights. 
Thus: 
Article 2 
1. States Parties shall respect and ensure the rights set forth in the 
present Convention to each child within their jurisdiction without 


 
 
discrimination of any kind, irrespective of the child's or his or her parent's or 
legal guardian's race, colour, sex, language, religion, political or other opinion, 
national, ethnic or social origin, property, disability, birth or other status. 
2. States Parties shall take all appropriate measures to ensure that the 
child is protected against all forms of discrimination or punishment on the 
basis of the status, activities, expressed opinions, or beliefs of the child's 
parents, legal guardians, or family members. 
Article 3 
1. In all actions concerning children, whether undertaken by public or 
private social welfare institutions, courts of law, administrative authorities or 
legislative bodies, the best interests of the child shall be a primary 
consideration. 
2. States Parties undertake to ensure the child such protection and care 
as is necessary for his or her well-being, taking into account the rights and 
duties of his or her parents, legal guardians, or other individuals legally 
responsible for him or her, and, to this end, shall take all appropriate legislative 
and administrative measures. 
xxx 
Republic Act. No. 7610, otherwise known as An Act Providing for Stronger 
Deterrence and Special Protection Against Child Abuse, Exploitation, and 
Discrimination provides: 
Section 2. Declaration of State Policy and Principles. – It is hereby 
declared to be the policy of the State to provide special protection to children 
from all firms of abuse, neglect, cruelty exploitation and discrimination and 
other conditions, prejudicial their development; provide sanctions for their 
commission and carry out a program for prevention and deterrence of and 
crisis intervention in situations of child abuse, exploitation and discrimination. 
The State shall intervene on behalf of the child when the parent, guardian, 
teacher or person having care or custody of the child fails or is unable to 
protect the child against abuse, exploitation and discrimination or when such 
acts against the child are committed by the said parent, guardian, teacher or 
person having care and custody of the same. 
It shall be the policy of the State to protect and rehabilitate children gravely 
threatened or endangered by circumstances which affect or will affect their 
survival and normal development and over which they have no control. 
The best interests of children shall be the paramount consideration in all 
actions concerning them, whether undertaken by public or private social 
welfare institutions, courts of law, administrative authorities, and legislative 


bodies, consistent with the principle of First Call for Children as enunciated in 
the United Nations Convention of the Rights of the Child. Every effort shall be 
exerted to promote the welfare of children and enhance their opportunities 
for a useful and happy life. 
Our Constitution, laws, and voluntary commitments provide special 
protection to children without qualifications. In cases where children's 
successional rights are at stake, their best interest must be the top priority. 
In light of the preceding, this bill’s approval is fervently sought. 
LORDAN G. SUAN 
Cagayan de Oro City – 1st District 


Republic of the Philippines 
House of Representatives 
Quezon City, Metro Manila 
Nineteenth
Second 
Introduced by Representative LORDAN G. SUAN 
AN ACT 
REPEALING THE IRON CURTAIN RULE PROVIDED FOR UNDER ARTICLE 992 
OF REPUBLIC ACT NO. 386, OTHERWISE KNOWN AS THE NEW CIVIL CODE 
OF THE PHILIPPINES 
Be it enacted by the Senate and House of Representatives of the Philippines in 
Congress assembled: 
SECTION 1. Short Title. — This Act shall be known as the “An Act Repealing 
1 
the Iron Curtain Rule.” 
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SEC. 2. Objectives. — This Act aims to protect the dignity of illegitimate 
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children as human beings and to promote peace within families. 
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SEC. 3. — Article 992, Subsection 3, Section 2, Chapter III, Title IV of Republic 
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Act No. 386, as amended, otherwise known as the New Civil Code of the 
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Philippines, is hereby repealed. 
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[Art. 992. An illegitimate child has no right to inherit ab 
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intestato from the legitimate children and relatives of his father or 
9 
mother; nor shall such children or relatives inherit in the same 
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manner from the illegitimate child.] 
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Sec 4. Retroactive Effect – This Act shall retroactively apply except where it 
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impairs vested rights.  
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SEC. 5. Separability Clause. — Any portion or provisions of this Act that may 
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be declared unconstitutional or invalid shall not have the effect of nullifying 
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other portions or provisions hereof as long as such remaining portions or 
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provisions can still subsist and be given effect in their entirety. 
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SEC. 6. Repealing Clause. — All laws, presidential decrees, executive orders, 
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memoranda, circulars, and other issuances, or parts thereof, which are 
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inconsistent with the Act, are hereby repealed or modified accordingly. 
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SEC. 7. Effectivity Clause. — This Act shall take effect fifteen (15) days after 
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its publication in the Official Gazette or a website provided for by law.
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Approved,