Piercing the Iron Curtain Rule in Interstate Succession: A Due Process Approach/
by Hilton A. Lazo
- Diliman, Quezon City, Philippines: University of the Philippines College of Law
- 39 pages
- Quarterly
- April 2018
- Philippine Law Journal Vol.91, No.2 (April 2018) 0031-7721 .
- Vol.91, No.2 (April 2018) 0031-7721 .
This note introduces the irrebuttable presumption analysis as a new viable constitutional framework for judicial review to the "iron curtain rule." Using the framework, it is suggested that the rule should be viewed as a conclusive presumption of enmity that bars succession between an illegitimate child and her parents' legitimate relatives, but should give way to contrary evidence to vouchsafe a litigant's right to a meaningful participation in the judicial process.