Definition in English: Representation is a right created by law through which a representative is raised to the place and degree of another person and receives the inheritance that the represented person would have received under the applicable succession rules.
Paliwanag sa Filipino: Paghalili sa mana — Sa mga sitwasyong pinapayagan ng batas, pumapalit ang descendants sa puwesto ng taong dapat sana ay magmana. Tinatanggap nila bilang grupo ang bahaging mapupunta sana sa represented person.
Halimbawa, kung naunang namatay ang anak ng decedent at may sariling mga anak, maaaring magmana ang mga apo sa pamamagitan ng representation. Hindi ito awtomatikong ginagamit sa lahat ng linya, antas o dahilan ng pagkawala ng karapatang magmana.
Legal basis
The principal provisions are Civil Code Articles 970–977. Article 970 defines representation. Articles 972 and 973 identify the direct descending and collateral situations in which it operates. Article 974 requires division per stirpes so that representatives collectively receive no more than the represented person would have received.
When representation generally operates
- In the direct descending line, subject to the statutory rules
- In the collateral line only in favor of children of brothers or sisters, when they survive with their uncles or aunts
- When the represented person predeceased the decedent, is incapacitated to inherit, or was disinherited in circumstances where the Code allows the descendants to represent
- Only to the extent and in the share that would have belonged to the represented person
Representation compared with inheriting in one’s own right
| By representation | In one’s own right |
|---|---|
| The heir takes the place and degree of another. | The heir is called directly by the applicable succession rule. |
| Distribution is per stirpes—the branch shares one root’s portion. | Co-heirs of the same degree often divide per capita, subject to the Code. |
| Requires a statutory situation permitting representation. | Does not depend on taking another heir’s legal place. |
Representation is not substitution
Representation arises from law. Testamentary substitution generally arises because the testator names another person to take an instituted heir’s place upon a stated event. The two concepts can produce different beneficiaries and consequences and should not be treated as interchangeable.
Evidence that may matter
- Death certificates establishing who died first
- Birth and marriage certificates proving every link in the family branch
- Adoption and filiation records
- The will and probate records, if succession is testamentary
- A judgment or will provision concerning incapacity or disinheritance
- A complete family tree showing degrees and competing branches
- Estate inventory needed to compute the represented share
Practical example
Pedro dies intestate. His daughter Ana had died earlier, leaving two children, while Pedro’s son Ben survives. If representation applies, Ben receives his branch’s share in his own right, while Ana’s two children divide per stirpes the share Ana would have received. The grandchildren do not each receive a share equal to Ben’s.
Common misunderstandings
- Representation does not mean signing for another heir. It concerns succession rights, not agency.
- It does not operate without limit through every collateral relative. Article 972 restricts collateral representation.
- Renunciation is treated differently. Article 977 states that heirs of a person who repudiated an inheritance cannot represent that person in that inheritance, although they may inherit in their own right when the law calls them.
Frequently asked questions
Can grandchildren inherit if their parent died before the grandparent?
They may inherit by representation in the direct descending line if the Civil Code requirements are present. The complete family configuration must still be examined.
Do representatives divide equally with the surviving children?
Not individually. Representatives divide per stirpes the share allocated to their branch; they collectively receive what the represented person would have received.
Can nephews and nieces inherit by representation?
In the collateral line, representation takes place in favor of children of brothers or sisters, whether they are of the full or half blood, when the statutory conditions exist.
Apply it to a family: For how grandchildren can inherit in place of a parent who died first, read representation: when grandchildren inherit.
Related terms and next guides
Compulsory heir · Legitime · Preterition · Extrajudicial settlement · Inheritance guides
Educational note: Representation depends on the family tree and the reason the represented person does not inherit. The Filipino explanation is not an official translation.
Jurisdiction: Philippines
Last reviewed: September 2026