- Statute
- Philippine Civil Code
- Article
- Art. 972
- Topic
- Legal or Intestate Succession
- Status
- In force
- Book
- BOOK III DIFFERENT MODES OF ACQUIRING OWNERSHIP
- Title
- TITLE IV SUCCESSION
- Chapter
- CHAPTER 3 Legal or Intestate Succession
- Formerly
- Art. 925 of the old Civil Code
- Year
- 1949
- Cited by
- A Supreme Court decision
The provision
The right of representation takes place in the direct descending line, but never in the ascending. In the collateral line, it takes place only in favor of the children of brothers or sisters, whether they be of the full or half blood. (925)
Intellegal Wiki · In plain terms
Representation lets a person step into the place and degree of a nearer relative who cannot or does not inherit. It operates without limit in the direct descending line — grandchildren, great-grandchildren and so on — and never in the ascending line, so a grandparent cannot represent a parent. In the collateral line it is confined to the children of the decedent's brothers and sisters, whether of the full or half blood, and goes no further: a grandnephew does not represent. Article 973 adds that the representative must himself be capable of succeeding the decedent, and Article 975 shows the rule at work — nephews and nieces inherit by representation when they concur with uncles or aunts, but in equal portions in their own right when they survive alone.
An editorially maintained plain-language explanation of this provision — not legal advice.
Cases applying this article
- Sayson v. Court of Appeals G.R. No. 89224