Short answer. By branch. Articles 975 and 1005 have the surviving brothers inherit per capita and the children of the dead brother by representation, per stirpes. So the estate is divided by the number of brothers, and the nephews share out only the single portion their father would have taken.
What the law says
When children of one or more brothers or sisters of the deceased survive, they shall inherit from the latter by representation, if they survive with their uncles or aunts. But if they alone survive, they shall inherit in equal portions.
Civil Code, Article 975 — Nephews and Nieces With Surviving Siblings. Read the full provision →
What the law says
the former shall inherit per capita, and the latter per stirpes
Civil Code, Article 1005 — Siblings With Nephews and Nieces. Read the full provision →
Count the brothers, not the claimants
Suppose your uncle had four brothers, three living and one who died before him leaving five children. The estate divides into four, because the division follows the brothers. Each surviving brother takes a quarter per capita. The dead brother's quarter goes to his five children per stirpes — a twentieth each. The nephews commonly argue that with five of them against three uncles they should take five-eighths between them. Representation answers that they take their father's place and no more; the size of their family is their own affair, not the estate's.
When the nephews are alone, everything changes
The second sentence of Article 975 is the one people miss. Representation operates only if they survive with their uncles or aunts. Where no brother or sister of the deceased is still living, the nephews and nieces are the nearest relatives in their own right and they shall inherit in equal portions — per capita, each counting as one, regardless of which branch he comes from. So the death of the last surviving uncle before the estate is settled can change the shares completely. The relevant date is the death of the estate owner.
Full blood and half blood are not equal
One qualification is easy to overlook and it can reshape the figures. Where brothers and sisters of the full blood survive together with brothers and sisters of the half blood, the full blood are entitled to a share double that of the half blood. Article 1005 is written for nephews and nieces who are the children of full-blood siblings, so before dividing anything, establish for each brother and sister whether they shared both parents with your uncle or only one. Families frequently treat a half-brother as a brother; the Code does not.
Confirm no nearer class exists
All of this applies only if brothers, sisters and their children are genuinely the nearest heirs. Any child of your uncle's, legitimate or illegitimate, excludes them entirely, as does a surviving parent or grandparent; and a surviving spouse takes one-half of the estate, leaving only the other half to be divided among the siblings and nephews. So the first task is a complete list of survivors with their death and marriage certificates, and the second is a family tree marking which siblings were of the full blood.
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.
- Heirs of Jose Reyes, jr. namely; Magdalena C. reyes, et al. vs. Amanda S. Reyes, et al, G.R. No. 158377, August 13, 2010 — read the decision on LawPhil →
- Nieves Navarro, in her capacity as one of the Vendees of a portion of, G.R. No. 228854, March 17, 2021 — read the decision on LawPhil →
- Erlinda Pilapil, et al. vs. Heirs of Maximino R. Briones, et al, G.R. No. 150175, March 10, 2006 — read the decision on LawPhil →
Related provisions
- Civil Code, Article 975 — Nephews and Nieces With Surviving Siblings
- Civil Code, Article 1005 — Siblings With Nephews and Nieces
- Civil Code, Article 1006 — Full Blood Takes Double the Half Blood
- Civil Code, Article 1001 — Spouse With Brothers and Sisters