Query: Who inherits property in the Philippines when there are no spouse or children?

In the Philippines, the rules governing inheritance are primarily outlined in the Civil Code, particularly under the provisions related to succession. When a person dies without a will (intestate), and there are no surviving spouse or children, the law stipulates a clear hierarchy of who inherits next.

According to the Philippine Civil Code, if the deceased is not survived by a spouse or children, the next in line to inherit are the deceased’s legitimate parents or surviving parent. This is because the law prioritizes direct ascendants over other relatives. In the event that the parents are also deceased, the estate of the deceased will be passed on to their legitimate relatives within the fourth degree of consanguinity. This includes siblings, nephews, and nieces, among others.

It's important to note that illegitimate children are also considered heirs in the Philippines. They are entitled to half the share of what a legitimate child would receive, provided there are no other complications regarding the legitimacy of their relationship to the deceased.

If no legitimate or illegitimate children, parents, or legitimate relatives exist or survive the deceased, the estate will then be inherited by the deceased’s nearest relatives, up to the fifth degree. When no relatives can be traced, the state will inherit the property.

In summary, the Philippine inheritance laws create a structured hierarchy that prioritizes closer relatives first, with the state as the last resort inheritor. These laws ensure that the property of the deceased is passed on in an orderly manner, even in the absence of a will or direct descendants such as a spouse and children. This legal framework demonstrates a strong inclination towards favoring blood relations in the distribution of an individual’s estate posthumously.