Text of the provision
Art. 890. The legitime reserved for the legitimate parents shall be divided between them equally; if one of the parents should have died, the whole shall pass to the survivor. If the testator leaves neither father nor mother, but is survived by ascendants of equal degree of the paternal and maternal lines, the legitime shall be divided equally between both lines. If the ascendants should be of different degrees, it shall pertain entirely to the ones nearest in degree of either line.
(810)
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
The legitime of legitimate parents is divided equally between them, and if one parent has died the whole passes to the survivor. Where neither father nor mother survives but ascendants of equal degree in the paternal and maternal lines do, the legitime is divided equally between the two lines; if the ascendants are of different degrees, it belongs entirely to those nearest in degree of either line.
Questions about this provision
- If no parents survive but grandparents on both the father's and mother's side do, how is the reserved half divided between them?
- My brother died childless and only our mother is alive — does she take the whole legitime reserved for parents?
Related provisions
- Article 772 — Who May Ask For Reduction.
- Article 891 — Reserva Troncal.
Cases interpreting this article
- Authorities on this article will be added here as each is verified against primary sources.