- Statute
- Philippine Civil Code
- Article
- Art. 966
- Topic
- Legal or Intestate Succession
- Status
- In force
- Book
- BOOK III DIFFERENT MODES OF ACQUIRING OWNERSHIP Preliminary Provision
- Title
- TITLE IV SUCCESSION
- Chapter
- CHAPTER 3 Legal or Intestate Succession
- Formerly
- Art. 918a of the old Civil Code
- Year
- 1949
- Cited by
- A Supreme Court decision
The provision
In the line, as many degrees are counted as there are generations or persons, excluding the progenitor. In the direct line, ascent is made to the common ancestor. Thus, the child is one degree removed from the parent, two from the grandfather, and three from the great-grandparent. In the collateral line, ascent is made to the common ancestor and then descent is made to the person with whom the computation is to be made. Thus, a person is two degrees removed from his brother, three from his uncle, who is the brother of his father, four from his first cousin, and so forth. (918a)
Intellegal Wiki · In plain terms
Degrees of relationship are counted by the number of generations, leaving out the common ancestor. In the direct line you count up to the common ancestor, so a child is one degree from a parent and two from a grandparent. In the collateral line you count up to the common ancestor and back down, so siblings are two degrees apart, an uncle three, and a first cousin four.
An editorially maintained plain-language explanation of this provision — not legal advice.
Cases applying this article
- Bacayo v. Borromeo G.R. No. L-19382