Below is a comprehensive overview of the rules on intestate (or legal) succession in the Philippines when spouses die without leaving any children—whether legitimate, illegitimate, or adopted. These rules primarily arise from the Civil Code of the Philippines (particularly Book III on Succession) and relevant provisions of the Family Code affecting the property relations of spouses. While this discussion aims to provide a thorough explanation, always remember that specific circumstances can alter outcomes and that professional legal advice should be sought when necessary.

1. General Framework of Intestate Succession in the Philippines

A. Meaning of Intestate Succession

Intestate (or Legal) Succession occurs when a person dies without leaving a valid will, or when the will does not dispose of all the estate.
In such cases, the law (i.e., the Civil Code) determines who inherits and in what proportions.

B. Order of Intestate Heirs

Under Philippine law, when someone dies intestate, the Civil Code sets out an order of priority for inheriting the estate:

Legitimate children and their descendants
Legitimate parents and ascendants
Illegitimate children and their descendants
Surviving spouse
Brothers and sisters (whether full or half-blood) and their descendants
Other collateral relatives up to the fifth degree
If there are no relatives within the five degrees, the State inherits the estate.

Although the surviving spouse is listed as fourth in the order of priority, the spouse is also considered a compulsory heir. Hence, the spouse often takes concurrently with other heirs or may entirely inherit if certain other categories are absent.

2. The Role of the Surviving Spouse

A. Spouse as a Compulsory Heir

Under Philippine law, the surviving spouse is always a compulsory heir, meaning the law protects the spouse’s share of the decedent’s estate. Even in intestacy (no will), the spouse inherits in competition with other surviving relatives, or in some cases, by themselves.

B. Property Regimes and Their Impact

The Family Code (Executive Order No. 209) generally governs property relations between spouses. The property regime in effect during the marriage can affect how much property goes into the estate before distribution:

Absolute Community of Property (ACP) – By default under the Family Code, all properties the spouses acquire during the marriage become part of the absolute community, except for a few exclusions (e.g., those acquired by either spouse prior to marriage or by gratuitous title). When one spouse dies, only that spouse’s share in the community property is subject to succession.
Conjugal Partnership of Gains (CPG) – This regime applies if the spouses opted for it under a marriage settlement or if they were married prior to the effectivity of the Family Code (and did not change their regime). Under CPG, each spouse retains ownership over their exclusive properties, and only the fruits and incomes, as well as jointly acquired properties, form the conjugal partnership. Upon the death of one spouse, only half of the conjugal partnership goes to the estate of the deceased, while the other half remains with the surviving spouse.
Complete Separation of Property, Property Regime by Marriage Settlement, or other regimes – Special arrangements exist if the spouses executed a prenuptial agreement. The distribution of estate assets may differ, but the surviving spouse’s inheritance rights as a compulsory heir remain preserved.

Regardless of the property regime, the surviving spouse is entitled to a legitime (forced share) determined by law.

3. When the Deceased Has No Children

A. Absence of Descendants

When a spouse dies without children or descendants—that is, no legitimate, illegitimate, or adopted children—the share of the surviving spouse depends on whether the deceased has:

Living ascendants (parents, grandparents)
Living collateral relatives (siblings, nieces/nephews, etc.)
Neither ascendants nor collaterals

Below are the principal scenarios:

Scenario 1: With Surviving Ascendants (Parents or Grandparents)

Rule: The estate is divided between the surviving spouse and the legitimate ascendants.
Civil Code Basis: Articles 887 and 996 of the Civil Code provide that if one dies without descendants, the legitimate parents (or ascendants) and the surviving spouse are both considered compulsory heirs, and they inherit in equal shares.
- Example: If the deceased left (a) a spouse and (b) both parents still living, the estate is divided one-half to the spouse and one-half to the parents collectively.
- If only one ascendant is alive (e.g., only mother is alive, father is deceased), that surviving parent gets the entire ascendant share, while the spouse takes the other half.

Scenario 2: No Ascendants But There Are Collateral Relatives (e.g., Brothers or Sisters)

Rule: The estate is divided between the surviving spouse and the deceased’s siblings.
Civil Code Basis: Article 1001 states that when there are no descendants or ascendants, but there are siblings, the estate goes to the surviving spouse and the siblings.
- The division is one-half to the spouse and the other half to the siblings (taken collectively).
- This includes full-blood and half-blood siblings, but half-blood siblings inherit only half of what full-blood siblings would receive.

Scenario 3: No Ascendants, No Descendants, and No Collateral Relatives

Rule: If the decedent leaves only the surviving spouse and there are no ascendants, no descendants, and no brothers/sisters (or other collateral relatives within five degrees), the surviving spouse inherits the entire estate.
Civil Code Basis: In the order of intestate succession, once all higher categories (descendants, ascendants, collateral relatives) are exhausted or do not exist, the surviving spouse becomes the sole heir.

4. Special Considerations

A. The Surviving Spouse’s Legitime

The spouse’s share in intestacy is not merely a preference; it is guaranteed by law. The legitime of the spouse in the absence of descendants is determined by examining whether there are surviving ascendants or collaterals, as detailed above. Even in a testate succession scenario (where a valid will exists), the spouse cannot receive less than the legitime.

B. Half-Blood vs. Full-Blood Siblings

If the deceased has no ascendants but leaves a surviving spouse and siblings, note the distinction:

Full-blood siblings inherit twice as much as half-blood siblings.
The surviving spouse still takes half of the estate; the remaining half is split among the siblings according to whether they are full or half-blood.

C. Treatment of Illegitimate Ascendants or Collaterals

In the Philippine system, parents (and other ascendants) must be recognized as legitimate or legally recognized parents to inherit equally under the default rules. While illegitimate children are compulsory heirs, illegitimate parents do not enjoy the same universal right to inherit unless recognized in certain specific circumstances. However, for the scenario of spouses without children, this generally matters only if the relevant ascendants are recognized or unrecognized. Complex factual nuances arise here, and professional legal advice is advisable.

D. Estate Settlement and Administration

Regardless of how the shares are determined, the estate generally goes through a process of settlement or administration in court (unless small-estate settlement or extrajudicial settlement applies):

Identification of the estate’s properties (i.e., determination of separate property of the deceased and, under the applicable property regime, the deceased’s share in conjugal or community property).
Payment of estate obligations (debts, taxes, funeral expenses, etc.).
Distribution of the net estate to the heirs according to the rules of intestacy.

5. Summary Table of the Surviving Spouse’s Intestate Share (No Children)

Below is a simplified table assuming the spouses are governed by default rules and that the deceased had no children or descendants:

Survivors	Surviving Spouse’s Share	Other Heirs’ Share
Spouse + Ascendants (Parents/Grandparents)	1/2 of the net estate	1/2 to the ascendants collectively
Spouse + Siblings (No Ascendants)	1/2 of the net estate	1/2 to siblings collectively (full-blood vs. half-blood distinctions apply)
Spouse Alone (No Ascendants, No Siblings)	Entire estate	None

6. Practical Guidance

Identify the Property Regime – First, confirm whether the spouses were under Absolute Community of Property, Conjugal Partnership of Gains, or another regime. This step clarifies which assets belong to the estate.
Ascertain All Possible Heirs – Determine if the deceased left any ascendants (parents, grandparents) or siblings (full or half-blood).
Establish the Estate’s Liabilities – Before distribution, debts and valid claims against the estate must be settled.
Know the Procedural Requirements – Whether it is an extrajudicial settlement (if heirs are agreeable and no will exists) or judicial settlement (if disputes or complexities arise), comply with the notice, publication, and reporting requirements under Philippine law.
Seek Professional Assistance – Complexities such as adoption, recognition of illegitimate parents, partition of co-owned or community properties, and tax issues often necessitate professional legal advice.

7. Concluding Thoughts

When spouses die without leaving any children, Philippine intestate succession law prioritizes the surviving spouse along with the deceased’s ascendants or collateral relatives, depending on who remains alive. The surviving spouse is recognized by law as a compulsory heir and will always receive at least a portion—often a significant one—of the estate. Where there are no ascendants or collaterals within the allowable degrees, the surviving spouse takes the entire estate.

While the Civil Code provisions present the basic rules, the specific facts of each estate—especially how property regimes, debts, and potential recognition issues factor in—can greatly affect the final distribution. Consulting a legal professional ensures that the estate is settled in compliance with Philippine law and that all heirs receive their rightful shares.

References

Civil Code of the Philippines (Republic Act No. 386), Book III on Succession
The Family Code of the Philippines (Executive Order No. 209)
Jurisprudence on intestate succession and compulsory heirs

This comprehensive overview should help anyone seeking to understand how the surviving spouse inherits when a husband or wife passes away without children in the Philippines. Nonetheless, any particular estate question is best addressed with personalized legal counsel.