SECTION 2

Order of Intestate Succession

SUBSECTION 1. Descending Direct Line

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

Article 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)

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

Article 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)

Article 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)

Article 983. If illegitimate children survive with legitimate children, the shares of the former shall be in
the proportions prescribed by article 895. (n)

Article 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

Article 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)

Article 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)

Article 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

Article 988. In the absence of legitimate descendants or ascendants, the illegitimate children shall
succeed to the entire estate of the deceased. (939a)
Article 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)

Article 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)

Article 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)

Article 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)

Article 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. (944a)

Article 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

Article 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)

Article 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)

Article 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)

Article 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)

Article 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)

Article 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)

Article 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)

Article 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

Article 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)

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

Article 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)

Article 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)

Article 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)

Article 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 brothers and sisters of the full blood. (915)

Article 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)

Article 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

Article 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)

Article 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)
Article 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)

Article 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)

CHAPTER 4
Provisions Common to Testate and Intestate Successions

SECTION 1
Right of Accretion

Article 1015. Accretion is a right by virtue of which, when two or more persons are called to the same
inheritance, devise or legacy, the part assigned to the one who renounces or cannot receive his share, or
who died before the testator, is added or incorporated to that of his co-heirs, co-devisees, or co-legatees.
(n)

Article 1016. In order that the right of accretion may take place in a testamentary succession, it shall be
necessary:

(1) That two or more persons be called to the same inheritance, or to the same portion thereof, pro
indiviso; and

(2) That one of the persons thus called die before the testator, or renounce the inheritance, or be
incapacitated to receive it. (928a)

Article 1017. The words "one-half for each" or "in equal shares" or any others which, though designating
an aliquot part, do not identify it by such description as shall make each heir the exclusive owner of
determinate property, shall not exclude the right of accretion.

In case of money or fungible goods, if the share of each heir is not earmarked, there shall be a right of
accretion. (983a)
Article 1018. In legal succession the share of the person who repudiates the inheritance shall always
accrue to his co-heirs. (981)

Article 1019. The heirs to whom the portion goes by the right of accretion take it in the same proportion
that they inherit. (n)

Article 1020. The heirs to whom the inheritance accrues shall succeed to all the rights and obligations
which the heir who renounced or could not receive it would have had. (984)

Article 1021. Among the compulsory heirs the right of accretion shall take place only when the free
portion is left to two or more of them, or to any one of them and to a stranger.

Should the part repudiated be the legitime, the other co-heirs shall succeed to it in their own right, and
not by the right of accretion. (985)

Article 1022. In testamentary succession, when the right of accretion does not take place, the vacant
portion of the instituted heirs, if no substitute has been designated, shall pass to the legal heirs of the
testator, who shall receive it with the same charges and obligations. (986)

Article 1023. Accretion shall also take place among devisees, legatees and usufructuaries under the
same conditions established for heirs. (987a)