- Statute
- Philippine Civil Code
- Article
- Art. 995
- 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. 946a of the old Civil Code
- Year
- 1949
- Cited by
- A Supreme Court decision
The provision
In the absence of legitimate descendants and ascendants, and illegitimate children and their descendants, whether legitimate or illegitimate, the surviving spouse shall inherit the entire estate, without prejudice to the rights of brothers and sisters, nephews and nieces, should there be any, under article 1001. (946a)
Intellegal Wiki · In plain terms
Where the deceased leaves no legitimate descendants, no legitimate ascendants, and no illegitimate children or their descendants, the surviving spouse takes the entire estate. The estate is not thereby closed to the deceased's brothers, sisters, nephews and nieces: Article 1001 gives the spouse one-half and the brothers and sisters or their children the other half where they survive together. Article 995 governs only where no such collateral relatives are in the picture, and the spouse then excludes the more remote collaterals entirely.
An editorially maintained plain-language explanation of this provision — not legal advice.
Cases applying this article
- Clara C. de La Cruz v. Court of Appeals G.R. No. 127593