Short answer. Not always. Article 962 of the Civil Code says relatives in the same degree inherit in equal shares, but subject to Article 1006 on full and half blood siblings, and Article 987's second paragraph on dividing between paternal and maternal lines. Those two exceptions can produce unequal shares even at the same degree.
What the law says
Relatives in the same degree shall inherit in equal shares, subject to the provisions of article 1006 with respect to relatives of the full and half blood, and of article 987, paragraph 2, concerning division between the paternal and maternal lines.
Civil Code, Article 962 — The Nearest Relative Excludes the More Distant. Read the full provision →
What the law says
Should brother and sisters of the full blood survive together with brothers and sisters of the half blood, the former shall be entitled to a share double that of the latter.
Civil Code, Article 1006 — Full Blood Takes Double the Half Blood. Read the full provision →
What the law says
should they be of different lines but of equal degree, one-half shall go to the paternal and the other half to the maternal ascendants
Civil Code, Article 987 — Nearer Ascendants Exclude the Rest. Read the full provision →
The general rule, and its own built-in exceptions
Article 962 states the equal-shares rule, but not as an unqualified rule. Relatives in the same degree shall inherit in equal shares, subject to the provisions of article 1006 with respect to relatives of the full and half blood, and of article 987, paragraph 2, concerning division between the paternal and maternal lines. The article names two specific situations where equal division at the same degree does not apply.
The full blood and half blood exception
Article 1006 addresses siblings of different blood relationships to the decedent: Should brother and sisters of the full blood survive together with brothers and sisters of the half blood, the former shall be entitled to a share double that of the latter. A full-blood sibling and a half-blood sibling can be in the exact same degree of relationship to the decedent, yet the full-blood sibling receives twice what the half-blood sibling receives.
The paternal and maternal line exception
Article 987 addresses ascendants of equal degree who belong to different lines: should they be of different lines but of equal degree, one-half shall go to the paternal and the other half to the maternal ascendants. The inheritance is split by line first — half to each side — before being divided among the individuals within each line, which can leave individual ascendants of the same degree with different shares depending on how many relatives share their particular line.
Why 'same degree' is not the end of the analysis
Article 962's equal-shares rule works cleanly when the relatives are of the same degree, the same blood relationship, and the same line. Once any of those additional facts differ — full versus half blood, or paternal versus maternal line — the two exceptions Article 962 itself points to can produce unequal shares despite the relatives standing at the exact same degree from the decedent.
Cases citing this provision
These Supreme Court decisions cite the provision above. We list them so you can read them yourself; the summaries of what each decided are not ours to give.
- Pascasio Uriarte, et al. vs. Court of Appeals, et al, G.R. No. 116775, January 22, 1998 — read the decision on LawPhil →
- Ingrid V. Hilario vs. Thelma Miranda and Irenea Belloc, G.R. No. 196499, November 28, 2018 — read the decision on LawPhil →
- Ofelia Hernando Bagunu vs. Pastora Piedad, G.R. No. 140975, December 8, 2000 — read the decision on LawPhil →
Related provisions
- Civil Code, Article 962 — The Nearest Relative Excludes the More Distant
- Civil Code, Article 1006 — Full Blood Takes Double the Half Blood
- Civil Code, Article 987 — Nearer Ascendants Exclude the Rest