Civil Code Art. 1005: Legal or Intestate

Statute: Civil Code
Article: Art. 1005
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
Formerly: Art. 948 of the old Civil Code
Year: 1949
Cited by: Multiple Supreme Court decisions

The provision

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)

Intellegal Wiki · In plain terms

Handles intestate succession when a decedent's brothers and sisters inherit alongside nephews and nieces who are children of the decedent's full-blood siblings. The surviving siblings inherit per capita (equal individual shares), while the nephews and nieces inherit per stirpes—by right of representation, dividing among themselves the share their deceased parent would have received.

An editorially maintained plain-language explanation of this provision — not legal advice.

Cases applying this article

Nieves Navarro v. Zenaida Cayabyab Harris G.R. No. 228854
Bacayo v. Borromeo G.R. No. L-19382
GSIS v. Custodio G.R. No. L-26170

Related provisions in this Chapter

Civil Code, Art. 1004 Legal or Intestate Succession
Civil Code, Art. 1003 Legal or Intestate Succession
Civil Code, Art. 1008 Legal or Intestate Succession
Civil Code, Art. 1001 Legal or Intestate Succession
Civil Code, Art. 1013 Legal or Intestate Succession
Civil Code, Art. 992 Legal or Intestate Succession

Civil Code, Art. 1005 is found in CHAPTER 3 Legal or Intestate Succession of TITLE IV SUCCESSION of BOOK III DIFFERENT MODES OF ACQUIRING OWNERSHIP Preliminary Provision of the Civil Code of the Philippines (Republic Act No. 386).

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Reviewed by the Intellegal Legal Team for currency against amending laws and Supreme Court jurisprudence.

Research aid — not legal advice. Verify the current text against the Official Gazette. Provisions may have been amended or repealed. Using this page creates no attorney-client relationship. For legal advice, consult a Philippine lawyer.