Text of the provision
Art. 895. The legitime of each of the acknowledged natural children and each of the natural children by legal fiction shall consist of one-half of the legitime of each of the legitimate children or descendants. The legitime of an illegitimate child who is neither an acknowledged natural, nor a natural child by legal fiction, shall be equal in every case to four-fifths of the legitime of an acknowledged natural child. The legitime of the illegitimate children shall be taken from the portion of the estate at the free disposal of the testator, provided that in no case shall the total legitime of such illegitimate children exceed that free portion, and that the legitime of the surviving spouse must first be fully satisfied.
(840a)
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
As originally enacted this article graded the legitime of illegitimate children by sub-class — an acknowledged natural child took half the legitime of a legitimate child, and an illegitimate child who was neither acknowledged natural nor natural by legal fiction took four-fifths of an acknowledged natural child’s legitime.
How this article reads today. This graduated scheme has been superseded. Article 176 of the Family Code provides a single rule: the legitime of each illegitimate child is one-half of the legitime of a legitimate child, with no sub-classes. The article is reproduced here for historical and interpretative reference.
Questions about this provision
- Does an illegitimate child really get only half of what a legitimate child gets?
- My father died without a will leaving both legitimate and illegitimate children — in what proportion do they divide it?
- Which part of the estate does an illegitimate child's legitime come out of when there is also a widow?
Related provisions
- Article 894 — Spouse and Illegitimate Children.
- Article 896 — Illegitimate Children With 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 →
- Daniel Rivera and Elpidio Rivera vs. Flora P. Villanueva, Ruperto Pacheco, Virgilio Pacheco, G.R. No. 197310, June 23, 2021 — read the decision on LawPhil →
- Eloy Imperial vs. Court of Appeals & Cesar Villalon, etc., et al, G.R. No. 112483, October 8, 1999 — 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.