- Statute
- Civil Code
- Article
- Art. 1001
- Topic
- Legal or Intestate Succession
- Status
- In force
- Book
- BOOK III DIFFERENT MODES OF ACQUIRING OWNERSHIP Preliminary Provision
- Title
- TITLE IV SUCCESSION
- Chapter
- CHAPTER 3 Legal or Intestate Succession
- Year
- 1949
- Cited by
- Multiple Supreme Court decisions
The provision
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)
Intellegal Wiki · In plain terms
When the deceased leaves a surviving spouse together with brothers and sisters (or the children of deceased siblings), the estate is split in half: the widow or widower takes one-half, and the siblings or their children share the other half among themselves.
An editorially maintained plain-language explanation of this provision — not legal advice.
Intellegal Wiki · How the courts apply it
In Bacayo v. Borromeo, the Supreme Court held: Affirmed the trial court, holding that under Civil Code Articles 1001, 1004, 1005, and 1009 nephews and nieces exclude all other collateral relatives, including aunts and uncles, from intestate succession even when of equal degree, and that the absence of brothers, sisters, nephews, and nieces is a precondition before other collaterals may be called to inherit.
One leading Supreme Court case applying this provision.
Cases applying this article
- Pedro Generosa v. Pacita Prangan-Valera G.R. No. 166521
- Heirs of Marcelina Arzadon-Crisologo v. Agrifina Rañon G.R. No. 171068
- Dr. Nixon L. Treyes v. Antonio L. Larlar G.R. No. 232579
- Isidro Ablaza v. Republic of the Philippines G.R. No. 158298
- Bacayo v. Borromeo G.R. No. L-19382