Civil Code, Article 990 — Transmission to Descendants

What this article means

The hereditary rights given to illegitimate children by the two preceding articles are transmitted on their death to their descendants, who inherit by right of representation from their deceased grandparent.

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

• My father was an acknowledged illegitimate child who died before his own father — can I take his place in that grandfather's estate?

Related provisions

• Article 989 — Own Right and Representation.
• Article 991 — Ascendants and Illegitimate Children.

Cases citing this article

• Amadea Angela K. Aquino vs. Rodolfo C. Aquino and Abdulah C. Aquino/Rodolfo C. Aquino, G.R. No. 208912 / G.R. No. 209018, December 7, 2021 — read the decision on LawPhil →
• 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.