Text of the provision
Art. 892. If only one legitimate child or descendant of the deceased survives, the widow or widower shall be entitled to one-fourth of the hereditary estate. In case of a legal separation, the surviving spouse may inherit if it was the deceased who had given cause for the same. If there are two or more legitimate children or descendants, the surviving spouse shall be entitled to a portion equal to the legitime of each of the legitimate children or descendants. In both cases, the legitime of the surviving spouse shall be taken from the portion that can be freely disposed of by the testator.
(834a)
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
If only one legitimate child or descendant survives, the widow or widower takes one-fourth of the hereditary estate; if there are two or more, the surviving spouse takes a portion equal to the legitime of each legitimate child or descendant. In legal separation, the surviving spouse may inherit if it was the deceased who gave cause for it, and in both cases the spouse's legitime is taken from the freely disposable portion.
Questions about this provision
- Is the surviving spouse's legitime taken out of the children's half or out of the free portion?
- My father died leaving a wife and three legitimate children — how much is each one entitled to as legitime?
- My father's will leaves one child and a widow — how much of the estate is the widow's legitime?
- We were legally separated and I was the one who gave cause — can I still inherit from my spouse?
Related provisions
- Article 891 — Reserva Troncal.
- Article 893 — Spouse With Legitimate Ascendants.
Cases citing this article
- Elenita V. Macalinao, Kenneth V. Macalinao and Kristel V. Macalinao vs. Cerina, A.K.A. Cerena N. Macalinao and Cindy N. Ma, G.R. No. 250613, April 3, 2024 — 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.