Text of the provision
Art. 974. Whenever there is succession by representation, the division of the estate shall be made per stirpes, in such manner that the representative or representatives shall not inherit more than what the person they represent would inherit, if he were living or could inherit.
(926a)
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
Whenever there is succession by representation, the division of the estate is made per stirpes — the representatives who belong to the same line take only the portion their parent would have received.
Per stirpes division means the estate is first split into branches at the level of the person being represented, and only then subdivided among that branch’s own representatives — unlike per capita division, where every heir takes an equal individual share regardless of which branch he or she descends from. For example, if a deceased person is survived by one child and three grandchildren representing a second, predeceased child, the estate is first divided into two equal branches: the surviving child takes one whole branch, while the three grandchildren together share the other branch, splitting it three ways rather than each taking a full one-quarter.
Questions about this provision
- When grandchildren inherit in place of a dead parent, do they split the parent's share or each get a full one?
- My father died years before my grandfather did — can I still inherit my father's share from my grandfather's estate?
Related provisions
- Article 973 — The Representative Must Be Capable.
- Article 975 — Nephews and Nieces With Surviving Siblings.
Cases citing this article
- Heirs of Arturo E. Bandoy and Heirs of Angelita E. Bandoy vs. Alexander E. Bando, G.R. No. 255258, October 19, 2022 — read the decision on LawPhil →
- Edgardo Santos, et al. vs. Maria D. Santos and/or her Successors-in-interest, G.R. No. 250774, June 16, 2021 — 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.