Article 996 of the Civil Code: Surviving spouse with children
Status: In force
What does Article 996 say?
If a widow or widower and legitimate children or descendants are left, the surviving spouse has in the succession the same share as that of each of the children.
What does it mean in plain language?
Article 996 of the Civil Code sets the share of a widow or widower when there is no will and the deceased left legitimate children or descendants. The surviving spouse gets the same share as each of the children. So the estate is divided into equal parts, one for each legitimate child and one for the spouse.
This is a rule of intestate succession: it applies when a person dies without a will, with a void will, or with a will that does not dispose of all the property (Article 960).
How does it work in real life?
Jose's family
Jose dies without a will. He leaves his wife Maria and three legitimate children. After Maria's own share of their property is set apart and debts are paid, Jose's net estate is divided into four equal parts: one for Maria and one for each child.
Liza, married with no children
Liza dies without a will. Her parents died earlier. She leaves her husband and three siblings. Her husband gets one-half of her estate, and the three siblings share the other half (Article 1001).
These are made-up examples to show how the rule works. They are not advice for any real case.
What does this mean in practice?
- If there is a will, the spouse is also a compulsory heir with a legitime that a will cannot take away. See Article 887, Article 888 and legitime shares.
- Article 996 speaks of "children" in the plural. This page does not cover how courts have applied it when there is only one legitimate child.
- A grandchild born outside marriage may inherit from a grandparent by representation, as held in Aquino v. Aquino. The barrier between illegitimate children and the legitimate relatives of their parent is in Article 992.
- For the whole picture without a will, see who inherits if there is no will? To divide the estate without going to court, see extrajudicial settlement of estate.
- For free or low-cost legal help, see where to find legal help.
- For a question-and-answer guide, see how much does a surviving spouse inherit? For the shares of each group of heirs in one table, see intestate shares: who gets what.
What does Article 996 say?
If a widow or widower and legitimate children or descendants are left, the surviving spouse has in the succession the same share as that of each of the children.
In plain words, the spouse counts as one more child when the estate is divided. Legitimate children inherit in equal shares among themselves (Articles 979 and 980), and the spouse's share equals one child's share.
What estate is divided?
Only the deceased's own estate. If the deceased was married under absolute community or conjugal partnership, the surviving spouse's own share of that property belongs to the spouse already and is set apart first. What is left after debts and after that separation is the estate shared under Article 996.
What if there are also illegitimate children?
Article 999 covers that case:
When the widow or widower survives with legitimate children or their descendants and illegitimate children or their descendants, whether legitimate or illegitimate, such widow or widower shall be entitled to the same share as that of a legitimate child.
When legitimate and illegitimate children inherit together, Article 983 of the Civil Code sends the shares of the illegitimate children to the proportions set for the legitime. The Family Code sets the legitime of each illegitimate child at one-half of the legitime of a legitimate child (Family Code Article 176, as amended by Republic Act No. 9255). Illegitimate children must prove their filiation. For more, see can an illegitimate child inherit?
How does the spouse's share change with other heirs?
The share depends on the other heirs who survive:
| Who survives with the spouse | Spouse's share | Article |
|---|---|---|
| Legitimate children or descendants | Same as each child | 996 |
| Legitimate and illegitimate children | Same as a legitimate child | 999 |
| Legitimate parents or ascendants | One-half | 997 |
| Illegitimate children only | One-half | 998 |
| Brothers and sisters, or their children | One-half | 1001 |
| No other heir | The whole estate | 995 |
The rule for brothers and sisters reads:
Should brothers and sisters or their children survive with the widow or widower, the latter shall be entitled to one-half of the inheritance and the brothers and sisters or their children to the other half.
In Treyes v. Larlar (2020), the Supreme Court applied this rule: the siblings of a deceased married woman with no children were entitled by operation of law to one-half of her inheritance, and her widower to the other half.
When does the spouse get nothing?
Article 1002 says that in a legal separation, a surviving spouse who gave cause for the separation does not have any of these rights.
Which Supreme Court rulings are relevant?
Frequently asked questions
How much does a surviving spouse inherit if there is no will?
If the spouse survives with legitimate children or descendants, Article 996 says the spouse gets the same share as each of the children.
What if there are also illegitimate children?
Article 999 says that when the spouse survives with legitimate children and illegitimate children, the spouse is entitled to the same share as that of a legitimate child.
How much does the spouse get if the deceased had no children?
It depends on who else survives. With the deceased's legitimate parents or ascendants, the spouse gets one-half (Article 997). With brothers and sisters or their children, the spouse also gets one-half (Article 1001). If the spouse is the only heir, the spouse gets the whole estate (Article 995).
Is the spouse's half of the conjugal property part of the inheritance?
No. Before the estate is divided, the surviving spouse's own share in the community or conjugal property is set apart. Article 996 applies only to the deceased's estate.
Does a spouse who caused a legal separation inherit?
No. Article 1002 says that if the surviving spouse gave cause for the legal separation, he or she does not have any of the rights granted in the preceding articles.
General information, not legal advice. For your case, ask a lawyer, the Public Attorney's Office (PAO) or the agency.
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