Text of the provision
Art. 994. In default of the father or mother, an illegitimate child shall be succeeded by his or her surviving spouse who shall be entitled to the entire estate. If the widow or widower should survive with brothers and sisters, nephews and nieces, she or he shall inherit one-half of the estate, and the latter the other half.
(945a)
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
In default of the father or mother, an illegitimate child is succeeded by his surviving spouse, who takes the entire estate. Where the spouse survives with brothers, sisters, nephews or nieces, the spouse takes one-half and they the other half.
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
Related provisions
- Article 993 — Parents Succeed the Child.
- Article 995 — Surviving Spouse Takes All.
Cases interpreting this article
- Authorities on this article will be added here as each is verified against primary sources.