Text of the provision
Art. 1005. Should brothers and sisters survive together with nephews and nieces, who are the children of the descendant's brothers and sisters of the full blood, the former shall inherit per capita, and the latter per stirpes.
(948)
Civil Code of the Philippines, Republic Act No. 386, approved June 18, 1949, effective August 30, 1950. Reproduced in full; verified verbatim against the LawPhil and ChanRobles official-text renderings.
What this article means
Should brothers and sisters survive together with nephews and nieces who are children of full-blood siblings, the former inherit per capita and the latter per stirpes (by representation).
Questions about this provision
Related provisions
- Article 1004 — Full-Blood Siblings Alone.
- Article 1006 — Full Blood Takes Double the Half Blood.
Cases citing this article
- 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 →
Compiled automatically from Supreme Court decisions published on LawPhil that expressly cite this article, most frequently cited first. A listing means the decision cites the provision — it is not a statement that the case is the leading authority, and it does not show whether a ruling has since been modified or abandoned. Always read the decision itself.