Intestate Succession and the Grandparents’ Share in Philippine Law
“Inheritance never skips the ascendants once descendants are gone, but it never climbs back down the other line either.” — Civil Code maxim on intestacy
1. Governing Statutes
Civil Code of the Philippines (Republic Act No. 386), Book III, Title IV, Chapters 2–4
- Arts. 960–1016 (general rules on succession)
- Arts. 970–981 (representation & order among ascendants)
- Arts. 995–1016 (shares of the surviving spouse, collaterals & the State)
Family Code (Exec. Order 209, 1987) – relevant only for definitions of legitimacy, survivorship of the spouse, and adoption.
Special laws (e.g., R.A. 9858 on legitimation of children born to parents below 18) do not alter the grandparents’ intestate share; they merely affect who qualifies as a descendant.
2. Hierarchy of Heirs in Pure Intestacy
- Legitimate children and their descendants
- Legitimate parents and other legitimate ascendants (grandparents, great-grandparents, etc.)
- Illegitimate children †
- Surviving spouse (if not already called in nos. 1–3)
- Brothers, sisters, nephews, nieces (up to the 5th degree collaterals)
- The State
† Illegitimate descendants and legitimate ascendants are mutually excluded by the iron-clad “barrier” of Art. 992.
Key insight: Grandparents only inherit if no legitimate child or grandchild survives. They are second-degree ascendants and outrank illegitimate children but share with the spouse when one exists.
3. Conditions for Grandparents to Succeed
| Scenario | Do Grandparents Inherit? | Why |
|---|---|---|
| At least one legitimate child or grandchild survives | ❌ | Art. 962: nearer descendant excludes ascendant |
| No descendants; at least one surviving parent | ❌ | Art. 979: nearer ascendant (parent) excludes farther (grandparent) |
| No descendants and no parents | ✅ | Grandparents step in as legitimate ascendants |
| Only illegitimate descendants survive | ✅* | Art. 992 bars succession between illegitimate descendants and legitimate ascendants; grandparents inherit in full (unless will exists) |
4. How the Estate Is Divided Among Grandparents
By Line (Art. 979).
- One-half to the paternal line, one-half to the maternal line.
Per Capita Within Each Line (Art. 981).
- If both paternal grandparents survive, each gets ¼ of the estate (½ × ½).
- If only the paternal grandmother is alive, she takes the entire paternal ½.
No Representation Upward (Art. 970 & 980).
- A deceased grandfather’s share does not pass to his parents or collateral kin; the surviving grandparents simply take per capita.
Different Degrees in the Same Line.
- A living grandparent excludes a great-grandparent of that same line (Art. 980).
Example A (simple): Estate = ₱3 million; heirs = paternal grandfather (PGF), paternal grandmother (PGM), maternal grandmother (MGM)
- Paternal line = ₱1.5 M → PGF ₱0.75 M + PGM ₱0.75 M
- Maternal line = ₱1.5 M → MGM ₱1.5 M
5. Concurrency with the Surviving Spouse (Art. 997)
If legitimate ascendants (parents or grandparents) survive with the surviving spouse, the estate is split:
| Heirs | Spouse’s Share | Ascendants’ Collective Share |
|---|---|---|
| Spouse + one ascendant line (all ascendants are in one line only) | ½ | ½ |
| Spouse + both paternal & maternal lines | ½ | ½ (¼ each line) |
Within the ascendants’ collective ½, apply the line-then-capita rules above.
Example B (with spouse): Estate = ₱4 million; heirs = spouse (S), paternal grandmother (PGM), maternal grandparents (MGM & MGF)
- Spouse: ₱2 M
- Ascendants total: ₱2 M → ₱1 M paternal line (PGM), ₱1 M maternal line (MGM ₱0.5 M + MGF ₱0.5 M)
6. Interactions with Illegitimate Children
- Order: Legitimate ascendants outrank illegitimate children (Art. 963 & 992).
- No Partition Together: They never succeed simultaneously because Art. 992 bars reciprocal intestacy.
- Practical result: If the decedent leaves only illegitimate children and legitimate grandparents, intestacy vests the estate entirely in the grandparents (subject to possible compulsory legitimes if a will exists).
7. Adopted Persons and Legitimation
An adopted child becomes a legitimate child of the adopter (R.A. 8552 & R.A. 11642).
- If such a child survives, grandparents are excluded like any other ascendants.
Legitimated children (Arts. 178–182, Family Code; R.A. 9858) acquire the status of legitimate descendants ab initio, again excluding grandparents.
8. Usufruct of the Surviving Spouse over Family Home
Separate from intestate shares, Art. 157 (Family Code) grants the surviving spouse (and minor children, if any) a right to continue occupying the family home. Where the spouse and grandparents are concurrent heirs, the spouse’s usufruct does not reduce the ascendants’ naked ownership but delays their full enjoyment.
9. Special Doctrines and Illustrative Jurisprudence
| Case | G.R. No. | Holding Relevant to Grandparents |
|---|---|---|
| Aznar v. Garcia | L-13717 (Jan 31 1962) | Confirmed per capita distribution among grandparents living in the same line. |
| Reyes v. CA (Heirs of Malate) | 72576 (Nov 28 1994) | Clarified that an illegitimate grandchild cannot represent his deceased illegitimate parent against the legitimate grandparents (Art. 992 barrier). |
| Intestate Estate of Johnson | L-11597 (Apr 3 1961) | Applied Art. 997: equal halves between surviving spouse and ascendants. |
| Heirs of Favis v. Gov’t | L-16227 (Dec 23 1967) | Reiterated that, absent heirs up to the 5th degree, property escheats to the State. |
10. Prescription of the Right to Demand Partition
- 10 years from the date the right emerges if possession is by one heir in the concept of co-owner.
- 30 years if possession is adverse and in the concept of owner (extra-ordinary prescription).
- Running of prescription often triggers when a co-heir unequivocally repudiates the co-ownership, which must be clearly proven in court.
11. Tax and Administrative Aspects
Estate Tax (NIRC, as amended by TRAIN Law, R.A. 10963)
- Flat 6 % on the net estate above the ₱5 million standard deduction + allowable deductions (funeral, medical, family home up to ₱10 M, etc.).
- Due within one (1) year from death; may be extended upon meritorious request.
Extrajudicial Settlement (Rule 74, ROC)
- Possible if heirs are all of legal age or represented; publish a notice once a week for three consecutive weeks.
Judicial Settlement (Rule 73 et seq.)
- Advisable when minors, disputes, or contingent claims exist.
12. Practical Checklist for Grandparents Claiming an Intestate Share
Secure Proof of Legitimate Ascendancy
- Birth certificates showing the line from decedent → parent → grandparent
Rule Out Nearer Heirs
- Negative certificates of no marriage (CENOMAR) for parents, death certificates of children, etc.
Coordinate with Surviving Spouse (if any)
- Compute the ½-½ split under Art. 997.
File Estate Tax Return & Pay
Execute Extrajudicial Settlement (if uncontested) or file for Letters of Administration (if contested).
Transfer Titles
- Secure eCAR, pay transfer taxes, annotate new owners.
13. Key Take-Aways
- Grandparents succeed only when the direct line of legitimate descendants and the nearer ascendants (parents) are empty.
- Distribution is ½-½ by line, then per capita within each line.
- A surviving spouse, if present, always takes ½, the ascendants sharing the other half.
- Representation never works upward—a living grandparent blocks older ascendants, and no one can step into a deceased grandparent’s shoes.
- Illegitimate children and legitimate ascendants can never inherit together under pure intestacy.
- Estate administration duties (tax, settlement) are separate from the right to inherit—neglecting them does not enlarge or diminish shares but can expose heirs to liability.
Suggested Reading
- Commentaries of Tolentino, Paras & De Leon on the Civil Code, Book III
- J. Reyes, Law of Succession (latest edition)
- Bureau of Internal Revenue, Estate Tax Primer (2024)
In a sentence: Under Philippine law, grandparents inherit only in the “quiet zone” where both descendants and parents are absent, splitting the estate by parental line—and even then, the surviving spouse may still claim half.