Tuesday, July 17, 2012

Financial IQ: Dolphy's estate

English: Dolphy, Filipino actorEnglish: Dolphy, Filipino actor (Photo credit: Wikipedia)
Financial IQ Philippines Quick Hit(s):

As far as Dolphy's estate, they would have to be distributed to his children.  Since he does not have any legitimate children, all of them will get the same share.  Otherwise, if there is a legitimate children, the illegitimate ones will receive only half of those left to the legitimate children.


A grateful nation always mourns the loss of a remarkable man who has touched the lives and given so much joy to so many. So it is but fitting that a great number of Filipinos from all walks of life continue to pour out their affection for the late Rodolfo Vera Quizon, fondly called by all of us, his innumerable fans as “Dolphy”. There is no question that he was the quintessential funnyman who deserves to be dubbed as the king of comedy. His legacy of laughter has indeed further enhanced the image of the Philippines as the land of smiles.


And to his relatives, friends and co-workers, he was also a kind and generous man, ready to help anytime. Hence even if for several weeks the public already knew of his serious condition that may lead to his eventual demise, they were still shocked when he finally succumbed simply because they still continued to hope and pray that he would recover. That was how the people loved the man who has become the personification of every “Juan”. His legacy of kindness and generosity has somehow helped alleviate the hardships of people who have less in life.


Dolphy really deserves to be extolled for his legacies of laughter, kindness and generosity. But as usual, we tend to overdo and exaggerate in our tributes. And this is very apparent in the case of Dolphy. Many people including his avowed fans tell me that the attention given to him is already unwarranted. A lot of eyebrows were raised when Malacanang even issued an official proclamation declaring Friday, July 13, 2012 as a “national day of remembrance” and when some local officials ordered the flying of flags at half mast in honor of Dolphy. These official moves actually created the impression that he is being recognized as an exemplary national hero worthy of emulation.


Dolphy himself, if he were alive would surely feel uncomfortable and even embarrassed. Even his family felt so, as they requested for a private burial yesterday. Dolphy knew his many shortcomings and would not therefore want people to emulate him, especially young innocent children who may be fascinated by all these hype and attention given to him.


Having sired 18 children with five women without marrying any of them is not really a good example especially to the young ones who may be easily impressed by all these “honors” heaped on him. Something is really wrong if our society idolizes a person because of his “legendary” exploits with several women. He is not leaving behind a good legacy but a legacy of illegitimacy that adversely affects not only his family but society at large.


The biggest damage done here is on marriage which our laws consider as a sacred and inviolable social institution. Marriage gives permanency to the cohabitation and legitimacy to the children begotten from it. Living together with several women even one at a time but without marrying any of them undermines marriage which is considered as the foundation of the family. Such practice gives rise to the illegitimacy of the children and of the cohabitation itself if the woman is already married to another man. And this is precisely what happened in the case of Dolphy.


All the 18 children he sired out of five women are illegitimate because they were all born out of wedlock. There may be no problem regarding inheritance because all of them are illegitimate and therefore will be equally sharing in his estate. But if one of them has been really adopted according to law, the adopted child has a bigger share in the inheritance because one of the effects of adoption is that the adopted is deemed to be a legitimate child who succeeds to the property of the adopter in the same manner as a legitimate child (Article 89 [1] Family Code, Article 979, Civil Code). The illegitimate children get only 1/2 of the legitime of the legitimate child (Article 895, Civil Code). To avoid possible controversy among the children, all of them should have been adopted, especially if the adopted one is also his child. Furthermore, since he did not marry any of their mothers, none of the mothers will inherit from him as none of them can be considered a legitimate surviving spouse. They can only represent their minor children in the settlement of his estate.


All these legal consequences are pointed out simply to show that nothing good arises from the legacy of illegitimacy. It may even result in a bitter family feud, although in the case of Dolphy it looks like a happy ending because he may have already provided enough for his women and children precisely to prevent them from still quarreling. Hopefully, he did so before he died as a way of atoning for all his mistakes and reconciling with all his children and their mothers, and especially with the ever compassionate and merciful God.


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