Philippine Civil Code Art. 998: Legal or Intestate

Statute: Philippine Civil Code
Article: Art. 998
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
Year: 1949

The provision

If a widow or widower survives with illegitimate children, such widow or widower shall be entitled to one-half of the inheritance, and the illegitimate children or their descendants, whether legitimate or illegitimate, to the other half. (n)

Intellegal Wiki · In plain terms

When a surviving spouse inherits alongside the deceased's illegitimate children, the estate is split in half: the widow or widower takes one-half, and the illegitimate children, or their descendants, share the other half. This fixes each side's intestate share when these are the surviving heirs.

An editorially maintained plain-language explanation of this provision — not legal advice.

Civil Code, Art. 998 is found in CHAPTER 3 Legal or Intestate 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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Reviewed by the Intellegal Legal Team for currency against amending laws and Supreme Court jurisprudence.

Research aid — not legal advice. Verify the current text against the Official Gazette. Provisions may have been amended or repealed. Using this page creates no attorney-client relationship. For legal advice, consult a Philippine lawyer.