CHAPTER 3

LEGAL OR INTESTATE SUCCESSION

SECTION 1. - General Provisions

Art. 960. Legal or intestate succession takes place:

(1) If a person dies without a will, or with a void will, or one which
has subsequently lost its validity;

(2) When the will does not institute an heir to, or dispose of all the
property belonging to the testator. In such case, legal succession
shall take place only with respect to the property of which the
testator has not disposed;

(3) If the suspensive condition attached to the institution of heir

does not happen or is not fulfilled, or if the heir dies before the
testator, or repudiates the inheritance, there being no substitution,
and no right of accretion takes place;

(4) When the heir instituted is incapable of succeeding, except in

cases provided in this Code. (912a)

Art. 961. In default of testamentary heirs, the law vests the inheritance,
in accordance with the rules hereinafter set forth, in the legitimate and
illegitimate relatives of the deceased, in the surviving spouse, and in the
State. (913a)

Art. 962. In every inheritance, the relative nearest in degree

excludes the more distant ones, saving the right of representation
when it properly takes place.

Relatives in the same degree shall inherit in equal shares, subject to the
provisions of article 1006 with respect to relatives of the full and half
blood, and of Article 987, paragraph 2, concerning division between the
paternal and maternal lines. (912a)
 SUBSECTION 1. - Relationship

Art. 963. Proximity of relationship is determined by the number of generations. Each

generation forms a degree. (915)

Art. 964. A series of degrees forms a line, which may be either direct or collateral.

A direct line is that constituted by the series of degrees among ascendants and
descendants.

A collateral line is that constituted by the series of degrees among persons who are
not ascendants and descendants, but who come from a common ancestor. (916a)

Art. 965. The direct line is either descending or ascending.

The former unites the head of the family with those who descend from him.

The latter binds a person with those from whom he descends. (917)

Art. 966. In the line, as many degrees are counted as there are generations or
persons, excluding the progenitor.

In the direct line, ascent is made to the common ancestor. Thus, the child is one
degree removed from the parent, two from the grandfather, and three from the
great-grandparent.

In the collateral line, ascent is made to the common ancestor and then descent is
made to the person with whom the computation is to be made. Thus, a person is two
degrees removed from his brother, three from his uncle, who is the brother of his
father, four from his first cousin, and so forth. (918a)

Art. 967. Full blood relationship is that existing between persons who have the same
father and the same mother.

Half blood relationship is that existing between persons who have the same father,
but not the same mother, or the same mother, but not the same father. (920a)

Art. 968. If there are several relatives of the same degree, and one or some of them
are unwilling or incapacitated to succeed, his portion shall accrue to the others of the
same degree, save the right of representation when it should take place. (922)

Art. 969. If the inheritance should be repudiated by the nearest relative, should there
be one only, or by all the nearest relatives called by law to succeed, should there be
several, those of the following degree shall inherit in their own right and cannot
represent the person or persons repudiating the inheritance. (923)
 SUBSECTION 2. - Right of Representation

Art. 970. Representation is a right created by fiction of law, by virtue of

which the representative is raised to the place and the degree of the
person represented, and acquires the rights which the latter would have
if he were living or if he could have inherited. (942a)

Art. 971. The representative is called to the succession by the law and
not by the person represented. The representative does not succeed the
person represented but the one whom the person represented would
have succeeded. (n)

Art. 972. The right of representation takes place in the direct descending
line, but never in the ascending.

In the collateral line, it takes place only in favor of the children of

brothers or sisters, whether they be of the full or half blood. (925)

Art. 973. In order that representation may take place, it is necessary that
the representative himself be capable of succeeding the decedent. (n)

Art. 974. Whenever there is succession by representation, the division of

the estate shall be made per stirpes, in such manner that the
representative or representatives shall not inherit more than what the
person they represent would inherit, if he were living or could
inherit. (926a)

Art. 975. When children of one or more brothers or sisters of the

deceased survive, they shall inherit from the latter by representation, if
they survive with their uncles or aunts. But if they alone survive, they
shall inherit in equal portions. (927)

Art. 976. A person may represent him whose inheritance he has

renounced. (928a)

Art. 977. Heirs who repudiate their share may not be represented. (929a)
 SECTION 2. - Order of Intestate Succession
SUBSECTION 1. - Descending Direct Line

Art. 978. Succession pertains, in the first place, to the descending direct
line. (930)

Art. 979. Legitimate children and their descendants succeed the parents
and other ascendants, without distinction as to sex or age, and even if
they should come from different marriages.

An adopted child succeeds to the property of the adopting parents in the

same manner as a legitimate child. (931a)

Art. 980. The children of the deceased shall always inherit from him in
their own right, dividing the inheritance in equal shares. (932)

Art. 981. Should children of the deceased and descendants of other

children who are dead, survive, the former shall inherit in their own right,
and the latter by right of representation. (934a)

Art. 982. The grandchildren and other descendants shall inherit by right
of representation, and if any one of them should have died, leaving
several heirs, the portion pertaining to him shall be divided among the
latter in equal portions. (933)

Art. 983. If illegitimate children survive with legitimate children, the

shares of the former shall be in the proportions prescribed by Article
895. (n)

Art. 984. In case of the death of an adopted child, leaving no children or

descendants, his parents and relatives by consanguinity and not by
adoption, shall be his legal heirs. (n)
 SUBSECTION 2. - Ascending Direct Line

Art. 985. In default of legitimate children and descendants of the

deceased, his parents and ascendants shall inherit from him, to the
exclusion of collateral relatives. (935a)

Art. 986. The father and mother, if living, shall inherit in equal shares.

Should one only of them survive, he or she shall succeed to the entire
estate of the child. (936)

Art. 987. In default of the father and mother, the ascendants nearest in
degree shall inherit.

Should there be more than one of equal degree belonging to the same
line they shall divide the inheritance per capita; should they be of
different lines but of equal degree, one-half shall go to the paternal and
the other half to the maternal ascendants. In each line the division shall
be made per capita. (937)

SUBSECTION 3. - Illegitimate Children

Art. 988. In the absence of legitimate descendants or ascendants, the

illegitimate children shall succeed to the entire estate of the
deceased. (939a)

Art. 989. If, together with illegitimate children, there should survive
descendants of another illegitimate child who is dead, the former shall
succeed in their own right and the latter by right of
representation. (940a)

Art. 990. The hereditary rights granted by the two preceding articles to
illegitimate children shall be transmitted upon their death to their
descendants, who shall inherit by right of representation from their
deceased grandparent. (941a)

Art. 991. If legitimate ascendants are left, the illegitimate children shall
divide the inheritance with them, taking one-half of the estate, whatever
be the number of the ascendants or of the illegitimate children. (942-
841a)

Art. 992. An illegitimate child has no right to inherit ab intestato from the
legitimate children and relatives of his father or mother; nor shall such
children or relatives inherit in the same manner from the illegitimate
child. (943a)

Art. 993. If an illegitimate child should die without issue, either legitimate
or illegitimate, his father or mother shall succeed to his entire estate; and
if the child's filiation is duly proved as to both parents, who are both
living, they shall inherit from him share and share alike. (944)

Art. 994. In default of the father or mother, an illegitimate child shall be

succeeded by his or her surviving spouse who shall be entitled to the
entire estate.

If the widow or widower should survive with brothers and sisters,

nephews and nieces, she or he shall inherit one-half of the estate, and
the latter the other half. (945a)

SUBSECTION 4. - Surviving Spouse

Art. 995. In the absence of legitimate descendants and ascendants, and

illegitimate children and their descendants, whether legitimate or
illegitimate, the surviving spouse shall inherit the entire estate, without
prejudice to the rights of brothers and sisters, nephews and nieces,
should there be any, under article 1001. (946a)

Art. 996. If a widow or widower and legitimate children or descendants

are left, the surviving spouse has in the succession the same share as
that of each of the children. (834a)

Art. 997. When the widow or widower survives with legitimate parents or
ascendants, the surviving spouse shall be entitled to one-half of the
estate, and the legitimate parents or ascendants to the other half. (836a)

Art. 998. If a widow or widower survives with illegitimate children, such

widow or widower shall be entitled to one-half of the inheritance, and the
illegitimate children or their descendants, whether legitimate or
illegitimate, to the other half. (n)

Art. 999. When the widow or widower survives with legitimate children or
their descendants and illegitimate children or their descendants, whether
legitimate or illegitimate, such widow or widower shall be entitled to the
same share as that of a legitimate child. (n)

Art. 1000. If legitimate ascendants, the surviving spouse, and illegitimate

children are left, the ascendants shall be entitled to one-half of the
inheritance, and the other half shall be divided between the surviving
spouse and the illegitimate children so that such widow or widower shall
have one-fourth of the estate, and the illegitimate children the other
fourth. (841a)

Art. 1001. Should brothers and sisters or their children survive with the
widow or widower, the latter shall be entitled to one-half of the
inheritance and the brothers and sisters or their children to the other
half. (953, 837a)

Art. 1002. In case of a legal separation, if the surviving spouse gave

cause for the separation, he or she shall not have any of the rights
granted in the preceding articles. (n)

SUBSECTION 5. - Collateral Relatives

Art. 1003. If there are no descendants, ascendants, illegitimate children,

or a surviving spouse, the collateral relatives shall succeed to the entire
estate of the deceased in accordance with the following articles. (946a)

Art. 1004. Should the only survivors be brothers and sisters of the full
blood, they shall inherit in equal shares. (947)

Art. 1005. Should brothers and sisters survive together with nephews
and nieces, who are the children of the descendant's brothers and sisters
of the full blood, the former shall inherit per capita, and the latter per
stirpes. (948)

Art. 1006. Should brother and sisters of the full blood survive together
with brothers and sisters of the half blood, the former shall be entitled to
a share double that of the latter. (949)

Art. 1007. In case brothers and sisters of the half blood, some on the
father's and some on the mother's side, are the only survivors, all shall
inherit in equal shares without distinction as to the origin of the
property. (950)

Art. 1008. Children of brothers and sisters of the half blood shall succeed
per capita or per stirpes, in accordance with the rules laid down for the
brothers and sisters of the full blood. (915)

Art. 1009. Should there be neither brothers nor sisters nor children of
brothers or sisters, the other collateral relatives shall succeed to the
estate.
The latter shall succeed without distinction of lines or preference among
them by reason of relationship by the whole blood. (954a)

Art. 1010. The right to inherit ab intestato shall not extend beyond the
fifth degree of relationship in the collateral line. (955a)

SUBSECTION 6. - The State

Art. 1011. In default of persons entitled to succeed in accordance with

the provisions of the preceding Sections, the State shall inherit the whole
estate. (956a)

Art. 1012. In order that the State may take possession of the property
mentioned in the preceding article, the pertinent provisions of the Rules
of Court must be observed. (958a)

Art. 1013. After the payment of debts and charges, the personal property
shall be assigned to the municipality or city where the deceased last
resided in the Philippines, and the real estate to the municipalities or
cities, respectively, in which the same is situated.

If the deceased never resided in the Philippines, the whole estate shall be
assigned to the respective municipalities or cities where the same is
located.

Such estate shall be for the benefit of public schools, and public
charitable institutions and centers, in such municipalities or cities. The
court shall distribute the estate as the respective needs of each
beneficiary may warrant.

The court, at the instance of an interested party, or on its own motion,

may order the establishment of a permanent trust, so that only the
income from the property shall be used. (956a)

Art. 1014. If a person legally entitled to the estate of the deceased

appears and files a claim thereto with the court within five years from the
date the property was delivered to the State, such person shall be
entitled to the possession of the same, or if sold the municipality or city
shall be accountable to him for such part of the proceeds as may not
have been lawfully spent. (n)
 Case Digest: Aquino vs. Aquino,
G.R. No. 208912/G.R. No. 209018, December 7, 2021

Facts
Miguel Aquino died intestate on July 5, 1999. He was survived by, among others, Rodolfo, his son, and
Arturo, his other son who predeceased him). Arturo was survived by Angela.

In July 2003, Angela moved that she be included in the distribution and partition of Miguel’s (her
grandfather’s) estate. She alleged that she was Arturo’s only child. Arturo was married to Susan. Arturo died
in 1978, before Angela was born, her parents yet unmarried, though did not suffer from any impediment to
marry, and were planning to marry before Arturo died. Angela claimed that Miguel took care of her
mother’s expenses during her pregnancy with her, that she lived with the Aquino family in their ancestral
home, that her father’s relatives recognized her as Arturo’s natural child, that Miguel provided for her needs
and supported her education. She alleged that before Miguel died, he provided instructions on how his
properties were to be distributed, in a July 2, 1999 document titled, “INSTRUCTION OF MIGUEL T.
AQUINO,” where she would receive a commercial lot from Miguel, which rentals were paid to her. She also
later alleged that as Arturo’s natural child, she has a legal right to a monthly allowance like those given to
other heirs.

Rodolfo opposed claiming, among others, that since Angela was born 9 months after Arturo died, her
filiation to Arturo could not be proved. In 2013, Rodolfo filed a Petition for Review assailing the Court of
Appeals’ decision. He argued that even if Angela were Arturo’s nonmarital child, she cannot represent him
in Miguel’s estate under Article 992 of the Civil Code, and that she was not entitled to the PHP 64,000
monthly allowance granted by the RTC. Meanwhile, Abdulah, another son of Miguel, in another case,
claimed that since Angela failed to prove her filiation, she could not inherit from Miguel ab instestato. The
Court of Appeals in that case ruled that Angela cannot establish open and continuous possession of her
status as Arturo’s child, under Article 172 (3) of the Fmaily Code, thus the relatives’ over acts cannot
translate to legal recognition of her status as Arturo’s child. It also said that even if filiation could be proved,
Angel could not inherit ab intestato from Miguel because Article 992 provides that nonmarital children
cannot inherit from their parents’ marital relatives.

Issue: W/N should Angela be allowed to inherit from her grandfather Miguel’s estate?

Ruling Yes

Intestate succession is based on the decedent’s presumed will. Article 992 then assumes that
the decedent’s disposition of their property would not have included any nonmarital children,
due to a supposed hostility between the marital family and the nonmarital child because the
latter was the outcome of an extramarital affair.

However, a nonmarital child is not defined that way. Nonmarital children, or “illegitimate
children” as used under Article 165 of the Family Code, are “[ c ]hildren conceived and born
outside a valid marriage[ .]”205 The phrase “outside a valid marriage” does not necessarily
mean an extramarital affair. Parents may choose not to get married despite having no legal
impediment to marry. Another reason why a child could have been born “outside a valid
marriage” is because their mother was a victim of sexual assault who did not marry the
perpetrator. There are also times when the father of an unborn child may have died before
being able to marry the child’s mother, as what has been alleged in Angela’s case. Children
born from these circumstances are also considered “illegitimate.” Yet, there may be no
“antagonism or incompatibility,” “hate,” or “disgraceful looks” to speak of. If Article 992 merely
recognizes existing conditions, then it should be construed to account for other
circumstances of birth and family dynamics. Peace within families cannot be encouraged by
callously depriving some of its members of their inheritance. Such deprivation may even be
the cause of antagonism and alienation that could have been otherwise avoided.

This Court has recognized that the alleged resentment and hostility presumed by Article 992
can be proven by evidence to be non-existent. Particular facts of a case may show that the
decedent’s will does not distinguish between marital and nonmarital relatives, precluding a
rigid application of Article 992.

This Court abandons the presumption in In re Grey, Corpus, Diaz, and In re Suntay, among
others, that nonmarital children are products of illicit relationships or that they are
automatically placed in a hostile environment perpetrated by the marital family. We are not
duty bound to uncritically parrot archaic prejudices and cruelties, to mirror and amplify
oppressive and regressive ideas about the status of children and family life. The best interest
of the child should prevail.

We adopt a construction of Article 992 that makes children, regardless of the circumstances
of their births, qualified to inherit from their direct ascendants-such as their grandparent-by
their right of representation. Both marital and nonmarital children, whether born from a
marital or nonmarital child, are blood relatives of their parents and other ascendants.
Nonmarital children are removed from their parents and ascendants in the same degree as
marital children. Nonmarital children of marital children are also removed from their parents
and ascendants in the same degree as nonmarital children of nonmarital children.

Accordingly, when a nonmarital child seeks to represent their deceased parent to succeed in
their grandparent’s estate, Article 982 of the Civil Code shall apply.

To emphasize, this ruling will only apply when the nonmarital child has a right of
representation to their parent’s share in her grandparent’s legitime. It is silent on collateral
relatives where the nonmarital child may inherit by themself. We are not now ruling on the
extent of the right of a nonmarital child to inherit in their own right. Those will be the subject
of a proper case and, if so minded, may also be the subject of more enlightened and
informed future legislation.

However, the application of Article 982 here does not automatically give Angela the right to
inherit from Miguel’s estate. Angela must still prove her filiation. Documents may need to be
presented and authenticated; witnesses’ testimonies received and examined; and DNA
testing ordered and conducted, to determine the truth or falsity of the allegations raised by
the parties before this Court. This Court finds it prudent to remand these cases to their court
of origin for reception of evidence, in conformity with the legal principles articulated here.