Succession under Philippine law is the transmission of the property, rights, and obligations of a deceased person to his or her heirs, whether by will or by operation of law. The Civil Code of the Philippines (Republic Act No. 386) governs succession in Book III (Articles 774 to 1105), while the Family Code of the Philippines (Executive Order No. 209, as amended) provides special rules on the family home that intersect with succession matters. When a person dies without a valid will or when the will fails to dispose of all property, intestate succession applies. Compulsory heirs enjoy protected rights, including a reserved legitime in the estate, and the family house—often the most valuable and emotionally significant asset—receives distinct legal treatment because of its social policy role as the center of family life.

Intestate Succession: Concept and Applicability

Intestate succession occurs under Article 960 of the Civil Code when:

The decedent dies without leaving a will;
The will is declared void or annulled;
The will does not dispose of all the property;
An instituted heir renounces the inheritance, is disqualified, or is incapable of succeeding; or
The conditions in a will are not fulfilled.

In intestate succession, the law itself designates the heirs and determines the order of preference and the shares they receive (Articles 961–1014). Succession is by operation of law and follows the principle of representation (per stirpes) for descendants, where children of a predeceased heir represent their parent’s share.

The order and concurrence of intestate heirs are as follows:

Legitimate children and their descendants take first and exclude all others except the surviving spouse and illegitimate children who concur with them.
Legitimate parents and ascendants inherit only in default of legitimate descendants.
Illegitimate children inherit together with the surviving spouse when there are no legitimate descendants.
Surviving spouse concurs with the above classes but does not exclude them.
Collateral relatives (brothers and sisters, nephews and nieces, and more distant collaterals up to the fifth degree) inherit only in default of the above.
The State succeeds by escheat if no heirs exist (Article 1010).

Shares are distributed equally among members of the same class, subject to specific rules. Under Article 996, when legitimate children or descendants survive together with the surviving spouse, the latter receives a share equal to that of one legitimate child. Illegitimate children receive one-half the share of a legitimate child (Article 983). If legitimate ascendants and the surviving spouse survive, the ascendants receive one-half collectively and the spouse receives one-half (adjusted per the rules on concurrence). When the surviving spouse is the only heir, he or she takes the entire estate.

Compulsory Heirs and the Legitime

Compulsory heirs cannot be deprived of their legitime except for valid causes of disinheritance expressly stated in a will (Articles 916–923). Article 887 enumerates them as:

Legitimate children and descendants;
In default of the foregoing, legitimate parents and ascendants;
The surviving spouse; and
Illegitimate children (including those recognized under the Family Code).

The legitime is the portion of the net estate reserved by law for these heirs (Article 886). Computation follows these rules:

Legitimate children and descendants collectively receive one-half (1/2) of the net estate, divided equally among them (Article 888). Descendants inherit by representation.
Legitimate parents and ascendants receive one-half (1/2) collectively when they are the compulsory heirs (Article 889).
Illegitimate children each receive one-half (1/2) of the share of a legitimate child (Article 895).
The surviving spouse’s legitime is one-fourth (1/4) of the estate when concurring with legitimate children or descendants. When the surviving spouse concurs only with legitimate ascendants, the spouse’s legitime is also one-fourth (1/4). When the surviving spouse is the sole compulsory heir, the legitime is one-half (1/2) of the estate (Articles 892–893).

The total reserved portion is often three-fourths (3/4) of the net estate when both legitimate children and the surviving spouse survive, leaving one-fourth (1/4) as the free portion. In intestate succession there is no testamentary disposition of the free portion; the entire estate is distributed according to the intestate rules, but the distribution must respect the legitime of compulsory heirs. Any donation or advancement that impairs the legitime may be subject to collation (return to the estate for recomputation) under Articles 1061–1075.

The Family Home: Legal Framework Under the Family Code

The family home is the dwelling house and the land on which it is situated, owned by the husband and wife or by an unmarried head of a family, where the family actually resides (Article 152, Family Code). It is deemed constituted automatically upon actual occupancy as a family residence; no judicial or extrajudicial constitution is required (Article 153). The family home enjoys special protections:

It is exempt from execution, forced sale, or attachment except for specific obligations such as non-payment of debts incurred for its purchase, construction, or improvement; debts for the purchase of the land; taxes; or prior mortgages (Article 155).
It may be sold, alienated, donated, or encumbered only with the written consent of both spouses (or the unmarried head) and all children of legal age (Article 158).

These protections reflect the State’s policy to strengthen the family as the basic social institution.

Rights of Compulsory Heirs to the Family House in Intestate Succession

Upon the death of a spouse or the unmarried head of the family, the family home does not lose its character. Article 159 of the Family Code expressly provides that the family home shall continue to exist for the benefit of the surviving spouse and the unmarried or minor children until:

The surviving spouse remarries;
All the children reach the age of majority or become emancipated; or
The family home is partitioned or sold with the consent of all entitled parties.

Ownership of the family house passes to the heirs in accordance with intestate succession rules. If the house is conjugal property (acquired during marriage), the surviving spouse automatically retains one-half (1/2) as his or her share of the conjugal partnership. The decedent’s one-half (1/2) enters the estate and is distributed among all heirs, including the surviving spouse who also inherits as a compulsory heir. If the house is the exclusive property of the decedent, the entire property forms part of the estate and is divided according to the intestate shares and legitime.

Compulsory heirs, therefore, acquire co-ownership rights over the family house in proportion to their hereditary shares. However, their rights are balanced against the protected right of occupation:

The surviving spouse and unmarried or minor children have the right to continue residing in the family home without paying rent to the other co-heirs during the period the family home subsists.
Adult compulsory heirs (such as legitimate or illegitimate children who are of legal age and have their own families) cannot immediately evict the surviving spouse or minor siblings, nor can they force an immediate physical partition or sale that would defeat the family home’s protective purpose, unless there is agreement or a court order finding compelling reasons.

In the partition of the estate (governed by Articles 1078–1105 of the Civil Code and Rule 69 of the Rules of Court), the family house is treated as an indivisible asset. Philippine courts and practice recognize a preferential right in favor of the surviving spouse or the parent having custody of minor children to be assigned the family home, subject to the obligation to pay the monetary value of the other co-heirs’ shares. If physical division is impossible or would destroy the property’s value, the house may be sold at public or private sale and the proceeds distributed according to the heirs’ shares. Extrajudicial settlement is available when there are no debts, no minor heirs, and all heirs are of legal age and agree (Rule 74, Rules of Court). In such cases, a Deed of Extrajudicial Settlement of Estate, often accompanied by an Affidavit of Self-Adjudication if only one heir, may be executed and registered after publication.

Compulsory heirs are also entitled to demand that the fair market value of the family house be included in the computation of the net estate for purposes of determining their legitime. Any prior donation of the house or advances given to a compulsory heir must be collated so that legitime is not impaired. The surviving spouse, as both compulsory heir and co-owner of conjugal property, frequently ends up with a larger effective interest in the family house through the combination of ownership share, inheritance share, and protected right of residence.

Practical and Procedural Considerations

Estate settlement may be extrajudicial or judicial. Extrajudicial settlement requires an Affidavit of Self-Adjudication or Deed of Extrajudicial Settlement, payment of estate taxes (under current tax laws), documentary stamp taxes, and transfer taxes before title can be transferred. Judicial partition is necessary when there are minors, creditors, or disagreement among heirs.

The family home’s protected status does not prevent compulsory heirs from ultimately realizing their legitime once the protective period ends or by agreement. However, courts are guided by the policy of preserving family unity and the welfare of minor or dependent children. Any attempt to sell or mortgage the family home during the protected period requires the consent of all qualified family members; otherwise, the transaction may be annulled.

In summary, Philippine law harmonizes the compulsory heirs’ rights to their legitime with the special social policy protecting the family home. Compulsory heirs receive their proportionate ownership interest in the house through intestate succession, yet the surviving spouse and minor or unmarried children enjoy continued occupancy and protection against premature eviction or forced sale. Partition ultimately allows realization of each heir’s share, preferably by assigning the house to the surviving spouse with monetary adjustment to others, ensuring both property rights and family welfare are upheld. These rules embody the Civil Code’s emphasis on orderly transmission of property and the Family Code’s commitment to safeguarding the family dwelling as the foundation of society.