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Philippine Civil Code, Art. 895

Testamentary Succession · Formerly Art. 840a of the old Civil Code

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Statute
Philippine Civil Code
Article
Art. 895
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. 840a of the old Civil Code
Year
1949
Cited by
A Supreme Court decision

The provision

The legitime of each of the acknowledged natural children and each of the natural children by legal fiction shall consist of one-half of the legitime of each of the legitimate children or descendants. The legitime of an illegitimate child who is neither an acknowledged natural, nor a natural child by legal fiction, shall be equal in every case to four-fifths of the legitime of an acknowledged natural child. The legitime of the illegitimate children shall be taken from the portion of the estate at the free disposal of the testator, provided that in no case shall the total legitime of such illegitimate children exceed that free portion, and that the legitime of the surviving spouse must first be fully satisfied. (840a)

Intellegal Wiki · In plain terms

This article sets the legitime of illegitimate children as a fraction of a legitimate child's, using the Civil Code's own grades of illegitimate filiation: the acknowledged natural child and the natural child by legal fiction take one-half of the legitime of each legitimate child, and the illegitimate child in neither class takes four-fifths of that reduced share. Two limits control the result. The legitime of the illegitimate children is taken from the free portion, and their total legitime may never exceed it; and the legitime of the surviving spouse must be fully satisfied first.

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

Note on current application: the grades this article uses — the acknowledged natural child, the natural child by legal fiction, and the illegitimate child in neither class — were abolished by the Family Code, effective 3 August 1988. Which law governs a given estate turns on WHEN THE DECEDENT DIED, not on when a child was born: under Civil Code Article 777 the rights to the succession are transmitted from the moment of the decedent's death, and the Family Code is retroactive only insofar as it does not prejudice or impair vested or acquired rights. For decedents who died before 3 August 1988 this article still governs; for those who died on or after that date, Family Code Article 176 applies — a single class of illegitimate children, each entitled to one-half of the legitime of a legitimate child.

Cases applying this article

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Related research

In-depth Intellegal research that analyzes this provision.

Civil Code, Art. 895 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.