Civil Code, Article 996 — Spouse Takes a Child's Share

What this article means

If a widow or widower and legitimate children or descendants are left, the surviving spouse has the same share as that of each of the children.

Questions about this provision

• My father died without a will, survived by my mother and three children — how much does my mother actually get?

Related provisions

• Article 987 — Nearer Ascendants Exclude the Rest.
• Article 997 — Spouse With Parents or Ascendants.

Cases citing this article

• Elenita V. Macalinao, Kenneth V. Macalinao and Kristel V. Macalinao vs. Cerina, A.K.A. Cerena N. Macalinao and Cindy N. Ma, G.R. No. 250613, April 3, 2024 — read the decision on LawPhil →
• Josefina C. Billote vs. Spouses Victor and Remedios T. Badar, Adelaida C. Dalope and Imelda C. Solis, G.R. No. 236140, April 19, 2023 — 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 →
• Heirs of the Late Apolinario Caburnay, et al. vs. Heirs of Teodulo Sison, namely, G.R. No. 230934, December 2, 2020 — read the decision on LawPhil →
• Sps. Charlito Coja etc. vs. Hon. Court of Appeals, et al, G.R. No. 151153, December 10, 2007 — 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.