ART Decedent Legal Heirs Portion/Division
Legitimate children and their
Parents and other
979 descendants (even if they come from
ascendants
different marriages)
Adopted chilren (same manner as a
979 Adopting parents
legitimate child)
980 Parent/s Children (in their own right) Equal Shares
Children shall inherit in their right;
Children; descendants of other
Direct 981 Parent/s; children who died descendants shall inherit by right of
children who died
Descending representation
Line by right of representation;
if any one of them should have died leaving
982 Parent/s; children who died Grandchildren and other descendants
several heirs - portion pertaining to him shall
be divided in equal portion s
Illegitimate children (surviving with
983 Parent/s Apply 895
legititmate children)
Adopted child (without
984 Parents and relatives by consaguinity
descendants)
Deceased without legitimate Parents and ascendants (excluding
985
children and descendants collateral relatives)
Equal Shares;
Children (without
985/986 Father and mother If only one survives, he/she will inherit the
descendants)
entire state
Ascending
Direct Line if be more than one of equal degree - divide
the inheritance per capita;
Children (without
987 ascendants to the nearest degree
descendants or parents) if of different lines but of equal degree:
1/2 will go to paternal ascendants
1/2 will go to maternal ascendants
Illegitimate Parent/s (no legitimate
988 Illegitimate children Entire estate
Children descedants or ascendants)
Children shall inherit in their right;
descendants shall inherit by right of
representation
Parent/s (no legitimate Illegitimate children; descendants of
989/990
descedants or ascendants) other illegitimate children who died
The right of representation shall only be
transmitted from the source to the
descendant only upon the former's death
1/2 - Illegitimate children
Parent/s (no legitimate Illegitimate children
991 1/2 - Legitimate ascendants
descedants) Legitimate ascendants
(regardless of the number of heirs)
Legitimate children;
992 Illegitimate children No right to inherit and vice versa
relatives of the parent/s
Illegitimate child Legitimate or illegitimate mother or
993 Equal shares of entire estate
(no legitimate descedants) father
Illegitimate child
994 (no legitimate descedants or Surviving spouse Entire estate
ascendants)
Illegitimate child Surviving spouse; 1/2 - surviving spouse;
994 (no legitimate descedants or brothers and sisters, nephews and 1/2 - brothers and sisters, nephews and
ascendants) nieces nieces
Spouse
(no legitimate descedants or Entire estate
995 ascendants) Surviving spouse (without prejudice to the rights of brothers
(no illegitimate children and and sisters, nephews and nieces)
their descedants)
Surviving spouse; Surviving spouse will have same share as
996 Spouse
Legitimate children or descendants each of the children
Surviving spouse; 1/2 - surviving spouse;
997 Spouse
Surviving Legitimate parents or ascendants 1/2 - legitimate parents or ascendants
Spouse 1/2 - surviving spouse;
Surviving spouse;
998 Spouse 1/2 - illegitimate children or their descents
Illegitimate children
(whether legitimate of illegitimate)
Surviving spouse;
Legitimate children or their
descendants; Surviving spouse will have same share as
999 Spouse
Illegitimate children or their that of the legitimate children
descendants (whether legitimate of
illegitimate)
Surviving spouse; 1/2 - ascendants;
1000 Spouse Legitimate ascendants; 1/4 - surviving spouse
Illegitimate children 1/4 - illegitimate children
Surviving spouse; 1/2 - surviving spouse;
1001 Spouse brothers and sisters, nephews and 1/2 - brothers and sisters, nephews and
nieces nieces
Surviving spouse
1002 Spouse No rights under this section
(gave cause for legal separation)
Deceased without :
- descendants
- ascendants
Full blood collateral relatives within 5th
1003/1009 - illegitimate childre Entire estate
degree)
- surviving spouse
- brother or sisters (whether
full or half blood)
Deceased without :
- descendants
1004 - ascendants Full blood brothers and sisters Equal Shares
- illegitimate childre
- surviving spouse
Deceased without :
Collateral - descendants Inherit per capita - Full blood brothers and
Relatives Full blood brothers and sisters and
1005 - ascendants sisters Inherit per stirpes - nephews and
their children nephews and nieces
- illegitimate childre nieces
- surviving spouse
Deceased without :
- descendants
Full blood brothers and sisters;
1006 - ascendants full blood with inherit double of half blood
half blood brothers and sisters
- illegitimate childre
- surviving spouse
Deceased without :
- descendants
1007 - ascendants half blood brothers and sisters Equal Shares
- illegitimate childre
- surviving spouse
Deceased without :
- descendants Inherit per capita - half blood brothers and
Half blood brothers and sisters and
1008 - ascendants sisters Inherit per stirpes - nephews and
their children nephews and nieces
- illegitimate childre nieces
- surviving spouse
