When a person dies without a valid will, or if a will is void or has lost its validity, the legal distribution of the estate is governed by the Civil Code of the Philippines. This is known as Intestate Succession. The law presumes the "perceived will" of the decedent, prioritizing the closest relatives and ensuring that the estate remains within the family line.
I. The Order of Intestate Succession
The law follows a strict order of preference. The presence of heirs in higher "steps" generally excludes those in lower steps, with the notable exception of the surviving spouse, who concurs with most levels.
- Legitimate Children and their Descendants: They are the primary heirs.
- Legitimate Parents and Ascendants: They inherit only in the absence of legitimate children.
- Illegitimate Children: They inherit alongside legitimate descendants or parents, though their shares are smaller.
- Surviving Spouse: The spouse is a "concurring heir" and inherits alongside children or parents.
- Brothers and Sisters, Nephews and Nieces: They inherit only if there are no descendants, ascendants, or a surviving spouse.
- Other Collateral Relatives: Up to the fifth degree of consanguinity.
- The State: If no relatives exist within the fifth degree, the estate is escheated to the government.
II. Rights of Living Heirs: Proximity and Equality
The fundamental principles governing living heirs are the Rule of Proximity and the Rule of Equal Division.
- Rule of Proximity: Relative nearest in degree excludes the more distant ones. For example, a child (1st degree) excludes a grandchild (2nd degree) unless the right of representation applies.
- Rule of Equality: Heirs in the same degree inherit in equal shares, unless otherwise provided by law (such as the distinction between legitimate and illegitimate children).
| Heir Combination | Distribution of Shares |
|---|---|
| Legitimate Children only | Divide estate equally. |
| Legitimate Children + Spouse | Spouse gets a share equal to one child. |
| Legitimate Children + Illegitimate Children | Illegitimate child gets 1/2 the share of a legitimate child. |
| Parents only | Divide estate equally. |
| Parents + Spouse | Parents get 1/2, Spouse gets 1/2. |
| Spouse only | Spouse gets the entire estate. |
III. The Status of Deceased Heirs: The Right of Representation
The law addresses the scenario where a potential heir dies before the decedent. This is handled through the Right of Representation, a legal fiction where the representative "steps into the shoes" of the deceased relative.
1. When Representation Occurs
Representation takes place in the descending line (children, grandchildren) and in the collateral line (limited to children of brothers and sisters). It never takes place in the ascending line.
- Predecease: If a child dies before the parent, that child’s own children inherit the share.
- Incapacity or Unworthiness: If an heir is legally disqualified, their descendants may represent them.
- Repudiation (The Exception): If an heir voluntarily waives or renounces their inheritance, their own heirs cannot represent them. A person who renounces for themselves renounces for their entire line.
2. Per Stirpes vs. Per Capita
- Per Stirpes (By Stripes): In representation, the heirs do not inherit equal shares with those in the higher degree. Instead, they divide among themselves the specific share that their deceased parent would have received.
- Per Capita (By Heads): When heirs inherit in their own right (e.g., all children are alive), they divide the estate equally by head count.
IV. Barriers in Intestate Succession: The "Iron Curtain" Rule
A critical nuance in Philippine law is Article 992, often called the Iron Curtain Rule. This rule prevents an illegitimate child from inheriting ab intestato (by intestacy) from the legitimate children and relatives of their father or mother. Conversely, legitimate relatives cannot inherit from the illegitimate child.
Note: This creates a legal barrier between the "legitimate family" and the "illegitimate family" of a decedent, strictly separating the two lines for purposes of intestate distribution.
V. Special Rules for Collaterals
In the absence of descendants, ascendants, and a spouse, brothers and sisters inherit.
- Full-blood vs. Half-blood: If brothers and sisters of both full and half-blood survive, those of the full-blood take a portion double that of the half-blood.
- Nephews and Nieces: If they survive alongside brothers and sisters, they inherit by representation. If only nephews and nieces survive, they inherit per capita (equally).
VI. Summary of Exclusion and Concurrence
- Exclusion: The presence of a legitimate child excludes parents, siblings, and collateral relatives.
- Concurrence: The surviving spouse and illegitimate children are "compulsory heirs" who are never excluded by the presence of others; they always receive a share alongside whoever is entitled to the estate.