Text of the provision
Art. 998. If a widow or widower survives with illegitimate children, such widow or widower shall be entitled to one-half of the inheritance, and the illegitimate children or their descendants, whether legitimate or illegitimate, to the other half.
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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
Where a widow or widower survives with illegitimate children, the spouse takes one-half of the inheritance and the illegitimate children or their descendants 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 995 — Surviving Spouse Takes All.
- Article 999 — Spouse Takes a Child’s Share.
Cases citing this article
- Arnelito Adlawan vs. Emeterio M. Adlawan, et al, G.R. No. 161916, January 20, 2006 — read the decision on LawPhil →
- Fe D. Quita vs. Court of Appeals, et al, G.R. No. 124862, December 22, 1998 — 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.