- Statute
- Philippine Civil Code
- Article
- Art. 887
- Topic
- Testamentary Succession
- Status
- In force, as amended
- Book
- BOOK III DIFFERENT MODES OF ACQUIRING OWNERSHIP Preliminary Provision
- Title
- TITLE IV SUCCESSION
- Chapter
- CHAPTER 2 Testamentary Succession
- Formerly
- Art. 807a of the old Civil Code
- Year
- 1949
- Cited by
- Multiple Supreme Court decisions
The provision
The following are compulsory heirs: (1) Legitimate children and descendants, with respect to their legitimate parents and ascendants; (2) In default of the foregoing, legitimate parents and ascendants, with respect to their legitimate children and descendants; (3) The widow or widower; (4) Acknowledged natural children, and natural children by legal fiction; (5) Other illegitimate children referred to in article 287. Compulsory heirs mentioned in Nos. 3, 4, and 5 are not excluded by those in Nos. 1 and 2; neither do they exclude one another. In all cases of illegitimate children, their filiation must be duly proved. The father or mother of illegitimate children of the three classes mentioned, shall inherit from them in the manner and to the extent established by this Code. (807a)
Intellegal Wiki · In plain terms
This article lists who cannot be deprived of a share by will. Legitimate children and descendants come first; in their default, legitimate parents and ascendants; and the widow or widower is a compulsory heir alongside either group, never excluded by it. Article 886 explains what that status secures — the legitime, the portion the testator cannot freely dispose of — and Articles 888 and 889 fix it at one-half of the estate for legitimate children and for legitimate parents respectively. Because the heirs in Nos. 3, 4 and 5 do not exclude one another, a surviving spouse and illegitimate children can concur in the same estate. In every case the filiation of an illegitimate child must be duly proved.
An editorially maintained plain-language explanation of this provision — not legal advice.
Cases applying this article
- Paz Samaniego-Celada v. Lucia D. Abena G.R. No. 145545
- Dionisia Monis Lagunilla v. Andrea Monis Velasco G.R. No. 169276
- Jose Baritua v. Honorable Court of Appeals G.R. No. 82233
- Hilario v. Miranda G.R. No. 196499
- Teresita S. Lee v. Lui Man Chong G.R. No. 209535
- Spouses Nicanor Tumbokon (Deceased) v. Apolonia G. Legaspi G.R. No. 153736
- Zuzuarregui v. Zuzuarregui G.R. No. L-10010
- Santillon v. Miranda G.R. No. L-19281