Civil Code, Article 902 — Rights Pass to Descendants

What this article means

The rights of illegitimate children under the preceding articles are transmitted on their death to their own descendants, whether legitimate or illegitimate.

How this article reads today. The share stated above was worked out on the classification of children used when this Code took effect in 1950. Article 176 of the Family Code now provides that the legitime of each illegitimate child is one-half of the legitime of a legitimate child, and that “except for this modification, all other provisions in the Civil Code governing successional rights shall remain in force.” Read this article subject to that rule. The Family Code also recognises a single class of illegitimate child, so the Civil Code’s older sub-classifications no longer apply.

Questions about this provision

• An illegitimate child died before his parent — does his legitime pass to his own children?

Related provisions

• Article 901 — Illegitimate Children Alone.
• Article 903 — Legitime of the Parents.

Cases citing this article

• Heirs of Serapio Mabborang; Lauriano Mabborang, et al. vs. Hermogenes Mabborang and Benjamin Mabborang, G.R. No. 182805, April 22, 2015 — 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.