Civil Code Art. 895: Testamentary Succession

Statute: 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)

For the estate of a person who died on or after 3 August 1988, when the Family Code took effect, every illegitimate (nonmarital) child takes a legitime equal to one-half of that of a legitimate child (Article 176, Family Code). Article 895's Civil Code two-tier scheme in this provision — an acknowledged natural child took one-half of a legitimate child's legitime, other illegitimate children a smaller share (four-fifths of that) — now governs only estates of persons who died before that date. The method of computing the legitime (Article 908) is unchanged.

Cases applying this article

Daniel Rivera v. Flora P. Villanueva G.R. No. 197310

Related provisions in this Chapter

Civil Code, Art. 892 Testamentary Succession
Civil Code, Art. 891 Testamentary Succession
Civil Code, Art. 902 Testamentary Succession
Civil Code, Art. 887 Testamentary Succession
Civil Code, Art. 908 Testamentary Succession
Civil Code, Art. 912 Testamentary Succession

Related research

In-depth Intellegal research that analyzes this provision.

Succession & Inheritance in the Philippines

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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