Text of the provision
Art. 900. If the only survivor is the widow or widower, she or he shall be entitled to one-half of the hereditary estate of the deceased spouse, and the testator may freely dispose of the other half. (837a) If the marriage between the surviving spouse and the testator was solemnized in articulo mortis, and the testator died within three months from the time of the marriage, the legitime of the surviving spouse as the sole heir shall be one-third of the hereditary estate, except when they have been living as husband and wife for more than five years. In the latter case, the legitime of the surviving spouse shall be that specified in the preceding paragraph.
(n)
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 the widow or widower is the only survivor, the spouse's legitime is one-half of the hereditary estate and the testator may freely dispose of the other half. But if the marriage was solemnized in articulo mortis and the testator died within three months of the marriage, the sole surviving spouse's legitime is one-third of the hereditary estate — unless the couple had been living as husband and wife for more than five years, in which case the one-half rule applies.
Questions about this provision
Related provisions
- Article 893 — Spouse With Legitimate Ascendants.
- Article 905 — Renunciation Of Future Legitime.
Cases interpreting this article
- Authorities on this article will be added here as each is verified against primary sources.