Short answer. Yes. Article 1064 requires grandchildren inheriting by representation to bring to collation everything their deceased parent, if alive, would have had to bring — even though the grandchildren themselves never received that property — and also whatever they personally received from the grandparent during his lifetime.
What the law says
When the grandchildren, who survive with their uncles, aunts, or cousins, inherit from their grandparents in representation of their father or mother, they shall bring to collation all that their parents, if alive, would have been obliged to bring, even though such grandchildren have not inherited the property.
Civil Code, Article 1064 — Grandchildren Inheriting by Representation. Read the full provision →
Standing in your father's shoes for collation purposes
Article 1064 covers exactly your situation: grandchildren who survive with their uncles, aunts, or cousins and inherit from their grandparents in representation of their father or mother. When you inherit this way, the article requires you to bring to collation all that their parents, if alive, would have been obliged to bring. In practice, this means gifts your grandfather gave your father during his lifetime are brought into account against your share, exactly as they would have been against your father's share had he lived to inherit directly.
This applies even though you personally received nothing
The article is explicit that this obligation attaches even though such grandchildren have not inherited the property themselves. You do not escape accounting for your father's lifetime gifts simply because you were not the one who received them — representation carries with it your father's collation obligations along with his right to inherit in his place. The gifts to him are treated as advances against the share that has now passed to you through representation.
You also report what you personally received
Beyond your father's gifts, the article separately requires that representing grandchildren bring to collation all that they may have received from the decedent during his lifetime — meaning any gifts your grandfather gave directly to you. There is an exception: this does not apply if the testator provided otherwise, in which case his wishes must be respected, if the legitime of the co-heirs is not prejudiced. So a testator can excuse a grandchild's personal gifts from collation, but only to the extent that doing so does not eat into what the other compulsory heirs are legally entitled to receive, since their protected share cannot be reduced merely because the testator wished to spare a grandchild from accounting for what he personally received. For a representing grandchild, then, the prudent course is to disclose both categories of gifts and let the settlement determine what the testator validly excused.
Cases citing this provision
These Supreme Court decisions cite the provision above. We list them so you can read them yourself; the summaries of what each decided are not ours to give.
- Pablo Uy, substituted by his heirs, namely: Mylene D. Uy, Paul D. Uy, G.R. No. 227460, December 5, 2019 — read the decision on LawPhil →