Solicitor General Jose Calida has asked the Supreme Court (SC) that his office be excused from participating in the case concerning the rights of illegitimate children to claim inheritance.
“The OSG (Office of the Solicitor General) filed a motion that they be excused from the case since the matter is of a private nature,” SC Spokesman Brian Hosaka told reporters on Wednesday (August 14).
Meanwhile, the SC is set to hold this September 3 the oral arguments over the petition filed by 41-year-old petitioner Amadea Angela Aquino.
The SC en banc initially set the oral arguments this August 20 but decided to push it back.
Aquino brought the case before the SC after the Court of Appeals (CA) overturned a ruling of the a Davao court which ruled in her favor to claim inheritance from the estate of her paternal grandfather.
When the case was still with the CA, the OSG participated in the proceedings and even opposed her petition.
Aquino argued that before she was born her mother was supposed to get married but her father died before he did so.
She also showed proof that her paternal grandfather had taken cared of her and even provided for her needs while growing up including her education from kindergarten to college.
However, her her uncles and her father’s brothers excluded her from the
inheritance when her paternal grandfather died in 1999.