- Statute
- Civil Code
- Article
- Art. 980
- 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. 932 of the old Civil Code
- Year
- 1949
- Cited by
- Multiple Supreme Court decisions
The provision
The children of the deceased shall always inherit from him in their own right, dividing the inheritance in equal shares. (932)
Intellegal Wiki · In plain terms
Provides that the deceased's children always inherit from him in their own right and divide the estate equally among themselves. Each child takes a share directly, and all the children share alike.
An editorially maintained plain-language explanation of this provision — not legal advice.
Intellegal Wiki · How the courts apply it
In Nieves Navarro v. Zenaida Cayabyab Harris, the Supreme Court held: An extrajudicial partition that does not give the children equal shares is void (Article 980); but a co-owner's sale is valid with respect to her proportionate pro indiviso share (Article 493).
One leading Supreme Court case applying this provision.
Cases applying this article
- Nieves Navarro v. Zenaida Cayabyab Harris G.R. No. 228854
- Amparo S. Cruz; Ernesto Halili; Alicia H. Florencio; Donald Halili; Editha H. Rivera; Ernesto Halili v. Angelito S. Cruz G.R. No. 211153