1.) For purpose of this question, assume all formalities and procedural requirements have been complied with. In 1970, Ramon and Dessa got married. Prior to their marriage, Ramon had a child, Anna. In 1971 and 1972, Ramon and Dessa legally adopted Cherry and Michelle respectively. In 1973, Dessa died while giving birth to Larry Anna had a child, Lia. Anna never married. Cherry, on the other hand, legally adopted Shelly. Larry had twins, Hans and Gretel, with his girlfriend, Fiona. In 2005, Anna, Larry and Cherry died in a car accident. In 2007, Ramon died. Who may inherit from Ramon and who may not? Give your reason briefly.
The following may inherit from Ramon:
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Michelle, as an adopted child of Ramon, will inherit as a legitimate child of As an adopted child, Michelle has all the rights of a legitimate child. (Sec 18, Domestic Adoption Law)
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Lia will inherit in representation of Although Lia is an illegitimate child, she is not barred by Articles 992, because her mother Anna is an illegitimate herself. She will represent Anna as regards Anna's legitime under Art. 902 and as regards Anna's intestate share under Art. 990.
The following may not inherit from Ramon:
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Shelly, being an adopted child, she cannot represent This is because adoption creates a personal legal relation only between the adopter and the adopted. The law on representation requires the representative to be a legal heir of the person he is representing and also of the person from whom the person being represented was supposed to inherit. While Shelly is a legal heir of Cherry, Shelly is not a legal heir of Ramon. Adoption created a purely personal legal relation only between Cherry and Shelly.
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Hans and Gretel are barred from inheriting from Ramon under 992. Being illegitimate children, they cannot inherit ab intestato from Ramon.