Philippine Civil Code Art. 894: Testamentary Succession

Statute: Philippine Civil Code
Article: Art. 894
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
Year: 1949

The provision

If the testator leaves illegitimate children, the surviving spouse shall be entitled to one-third of the hereditary estate of the deceased and the illegitimate children to another third. The remaining third shall be at the free disposal of the testator. (n)

Intellegal Wiki · In plain terms

Where a testator dies leaving illegitimate children and a surviving spouse, the law reserves one-third of the estate as the spouse's legitime and another third for the illegitimate children. The remaining third is freely disposable, so the testator may leave it to anyone by will.

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

Civil Code, Art. 894 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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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 Provisions may have been amended or repealed.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.