- Statute
- Philippine Civil Code
- Article
- Art. 892
- Topic
- Testamentary Succession
- Status
- In force
- Book
- BOOK III DIFFERENT MODES OF ACQUIRING OWNERSHIP Preliminary Provision
- Title
- TITLE IV SUCCESSION
- Chapter
- CHAPTER 2 Testamentary Succession
- Formerly
- Art. 834a of the old Civil Code
- Year
- 1949
- Cited by
- Multiple Supreme Court decisions
The provision
If only one legitimate child or descendant of the deceased survives, the widow or widower shall be entitled to one-fourth of the hereditary estate. In case of a legal separation, the surviving spouse may inherit if it was the deceased who had given cause for the same. If there are two or more legitimate children or descendants, the surviving spouse shall be entitled to a portion equal to the legitime of each of the legitimate children or descendants. In both cases, the legitime of the surviving spouse shall be taken from the portion that can be freely disposed of by the testator. (834a)
Intellegal Wiki · In plain terms
If the deceased leaves one legitimate child or descendant, the surviving spouse's guaranteed share (legitime) is one-fourth of the estate; with two or more children, the spouse's legitime instead equals the share of a single legitimate child. This portion is taken from the freely disposable part of the estate, and a legally separated spouse may still inherit only if the deceased was the guilty party.
An editorially maintained plain-language explanation of this provision — not legal advice.
Intellegal Wiki · How the courts apply it
In Elenita v. Macalinao, the Supreme Court held: Death benefits are contractual benefits paid directly to the beneficiaries determined by the succession rules and do not form part of the estate; both legitimate and illegitimate children share, applying Articles 892 and 895 with Family Code Article 176.
One leading Supreme Court case applying this provision.
Cases applying this article
- Danilo I. Suarez v. The Court of Appeals G.R. No. 94918
- Elenita v. Macalinao G.R. No. 250613
- Santillon v. Miranda G.R. No. L-19281