Short answer. His co-heirs get it. Article 1018 of the Civil Code states that in legal succession — meaning intestate, without a will — the share of the person who repudiates the inheritance shall always accrue to his co-heirs. There is no exception and no discretion; the share goes to the others by operation of law.
What the law says
In legal succession the share of the person who repudiates the inheritance shall always accrue to his co-heirs.
Civil Code, Article 1018 — Accretion in Intestate Succession. Read the full provision →
The rule under Article 1018
Intestate succession — where someone dies without a valid will — is governed entirely by law. Article 1018 applies a clear and mandatory rule to repudiation in this setting: In legal succession the share of the person who repudiates the inheritance shall always accrue to his co-heirs. The word 'always' is significant. There is no condition attached, no question of whether the remaining heirs want it, and no possibility that the repudiated share falls outside the estate or passes to someone the law has not already identified as a co-heir. It accrues automatically.
How accretion differs here from testate succession
In testate succession — inheritance under a will — accretion has conditions. The co-heirs must have been called to the same portion of the estate, and the testator must not have expressly or implicitly designated a substitute. In intestate succession, Article 1018 removes those conditions. The law already defines who the co-heirs are and in what proportions they share. When one of them repudiates, his portion simply enlarges the shares of the others who are already entitled. The simplicity is deliberate — legal succession has its own structured order and does not need the flexibility that testate accretion requires.
What repudiation means and what it does not cover
Repudiation is the voluntary and formal refusal to accept an inheritance. It is not the same as failing to claim it promptly, or being absent. To repudiate under Philippine law, the heir must renounce in a public document or in a petition to the court. Once done, it is generally irrevocable — the heir cannot change their mind later and claim a share they already refused. Article 1018 applies to this formal act. It does not govern the situation where an heir predeceased the decedent (that raises separate rules on representation), or where an heir is incapacitated — only where an otherwise qualified heir chooses not to accept.
Practical effect on the remaining heirs
If you are a co-heir in an intestate estate and a sibling or other heir refuses their share, that share belongs to you and the other co-heirs in proportion to your own respective shares. You do not need to take any additional step to claim it — the accretion happens by law. What you do need is a proper accounting: the extra share must be reflected in the partition, and the estate documents should record the repudiation and its effect. If the repudiation is disputed or unclear, settling the estate through proper legal proceedings protects everyone's interests.