Civil Code Art. 892: Testamentary Succession

Statute: Civil Code
Article: Art. 892
Topic: Testamentary Succession
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

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)

Cases applying this article

Danilo I. Suarez v. The Court of Appeals G.R. No. 94918
Elenita v. Macalinao G.R. No. 250613

Related provisions in this Chapter

Civil Code, Art. 895 Testamentary Succession
Civil Code, Art. 887 Testamentary Succession
Civil Code, Art. 912 Testamentary Succession

Civil Code, Art. 892 is found in CHAPTER 2 Testamentary 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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