Order of Intestate Succession under Philippine Civil Law

The rules governing intestate succession are found in the Civil Code of the Philippines, particularly in Articles 960 to 1014. These rules apply when a person dies without a valid will, or when the will does not dispose of all the decedent's estate. The law provides a specific order in which heirs are called to inherit, based on their proximity to the decedent.

1. Definition of Intestate Succession

Intestate succession occurs:

When there is no will.
When the will is void.
When the will does not completely dispose of the estate.
When the conditions imposed in the will are not fulfilled.
When the heirs named in the will are incapable of inheriting.

2. Order of Intestate Succession

The order of intestate succession is based on proximity of relationship to the decedent. The Civil Code establishes a hierarchical order, calling specific groups of heirs to inherit in succession:

A. Legitimate Descendants (Article 978)

The first to inherit are the legitimate children and their legitimate descendants (e.g., grandchildren and great-grandchildren).
They inherit in their own right (per capita) or by representation (per stirpes) if the nearer descendant has predeceased the decedent.

Example:

If a person dies leaving three children, the estate is divided equally among them.
If one child has predeceased but left children, the share of the deceased child is divided among his or her descendants.

B. Legitimate Parents and Ascendants (Article 982)

If there are no legitimate descendants, the legitimate parents inherit the entire estate in equal shares.
If both parents are deceased, the estate goes to the nearest ascendants in the direct line (e.g., grandparents, great-grandparents).
Ascendants of the paternal and maternal lines inherit equally.

C. Illegitimate Children (Article 985)

If there are no legitimate descendants, parents, or ascendants, illegitimate children inherit the estate.
Illegitimate children receive one-half of the share of a legitimate child. They inherit in equal shares if they are the only heirs.

D. Surviving Spouse (Articles 996 and 997)

The surviving spouse inherits in concurrence with other heirs:
- With legitimate children: The spouse receives the same share as a legitimate child.
- With legitimate parents or ascendants: The spouse receives one-half of the estate.
- With illegitimate children: The spouse shares the estate equally with them.
If the surviving spouse is the sole heir, he or she inherits the entire estate.

E. Siblings and Their Descendants (Article 1001)

If there are no descendants, ascendants, illegitimate children, or a surviving spouse, the estate passes to the brothers and sisters of the decedent and their descendants.
- Full-blood siblings receive double the share of half-blood siblings.
- If a sibling is predeceased, his or her descendants inherit by representation.

F. Other Collateral Relatives (Articles 1003–1004)

In the absence of siblings or their descendants, the estate goes to the nearest collateral relatives within the fifth degree of consanguinity.
- Example: Uncles, aunts, cousins, nephews, and nieces.

G. The State (Article 1011)

If there are no heirs within the fifth degree, the estate escheats to the State.
- The government is obligated to use the inheritance for charitable or educational purposes.

3. General Rules on Representation (Articles 970–975)

Representation occurs when a legitimate heir predeceases the decedent. The share of the predeceased heir is inherited by his or her descendants.
Representation applies in both descending line (e.g., grandchildren) and collateral line (e.g., nephews and nieces).

4. Concurrence of Heirs

The law permits multiple groups of heirs to inherit simultaneously, with each group receiving a specific portion of the estate.
- For example: If a decedent leaves a surviving spouse and legitimate children, the spouse inherits an equal share with each child.

5. Exclusions and Disqualifications

Certain individuals are disqualified from inheriting:

Those convicted of killing or attempting to kill the decedent.
Heirs who unduly influenced the decedent in making a will.
Individuals guilty of adultery or concubinage with the decedent’s spouse.

6. Key Notes on Illegitimate and Adopted Children

Illegitimate children inherit half of what a legitimate child receives.
Adopted children inherit as legitimate children under Article 189 of the Family Code.

Illustrative Examples

Case with Legitimate Descendants
- Decedent leaves three legitimate children. Estate is divided equally among the children.
Case with Surviving Spouse and Legitimate Parents
- Decedent leaves no descendants, but has a spouse and surviving parents. Estate is divided equally between the spouse and the parents.
Case with Illegitimate Children and Surviving Spouse
- Decedent leaves one illegitimate child and a surviving spouse. The estate is divided equally between them.

Practical Considerations

Proper identification of heirs is crucial to avoid disputes.
Documentation such as birth certificates, marriage certificates, and other proof of filiation should be secured.
Representation and degrees of relationship must be meticulously determined.

By strictly adhering to the order of intestate succession, the rights of heirs under the Civil Code are preserved, ensuring a fair and lawful distribution of the decedent's estate.