Photo from Unsplash | Kelly Sikkema

This article was originally published on June 1, 2022 and has been updated to reflect recent legal developments.

The following post does not create a lawyer-client relationship between Alburo Alburo and Associates Law Offices (or any of its lawyers) and the reader. It is still best for you to engage the services of a lawyer or you may directly contact and consult Alburo Alburo and Associates Law Offices to address your specific legal concerns, if there is any.

Also, the matters contained in the following were written in accordance with the law, rules, and jurisprudence prevailing at the time of writing and posting, and do not include any future developments on the subject matter under discussion.

AT A GLANCE:

In Article 964 of the Civil Code of the Philippines, a collateral line is constituted by the series of degrees among persons who are not ascendants and descendants, but who come from a common ancestor.

The Civil Code of the Philippines recognizes relatives in the collateral line in matters of succession. 

What is a collateral line?

In Art 964 of the Civil Code of the Philippines, a collateral line is constituted by the series of degrees among persons who are not ascendants and descendants, but who come from a common ancestor.

In counting the degrees between the testator and those relatives within the collateral line, Article 966 of the Civil Code of the Philippines is instructive. It states that in the line, as many degrees are counted as there are generations or persons, excluding the progenitor. Moreover, in the collateral line, ascent is made to the common ancestor and then descent is made to the person with whom the computation is to be made. Thus, a person is two degrees removed from his brother, three from his uncle, who is the brother of his father, four from his first cousin, and so forth. 

When do collateral relatives inherit by operation of law?

Aside from being specifically designated in a will, there are instances when a collateral relative may inherit from the decedent by operation of law.

Article 1003 of the Civil Code of the Philippines provides that if there are no descendants, ascendants, illegitimate children, or a surviving spouse, the collateral relatives shall succeed to the entire estate of the deceased.

The succession of collateral relatives are subject to certain rules as follows:

1. Should the only survivors be brothers and sisters of the full blood, they shall inherit in equal shares. (Article 1004, Civil Code of the Philippines)
2. Should brothers and sisters survive together with nephews and nieces, who are the children of the descendant’s brothers and sisters of the full blood, the former shall inherit per capita, and the latter per stirpes. (Article 1005, Civil Code of the Philippines)
3. Should brother and sisters of the full blood survive together with brothers and sisters of the half blood, the former shall be entitled to a share double that of the latter. (Article 1006, Civil Code of the Philippines)
4. In case brothers and sisters of the half blood, some on the father’s and some on the mother’s side, are the only survivors, all shall inherit in equal shares without distinction as to the origin of the property. (Article 1007, Civil Code of the Philippines)
5. Children of brothers and sisters of the half blood shall succeed per capita or per stirpes, in accordance with the rules laid down for brothers and sisters of the full blood. (Article 1008, Civil Code of the Philippines)
6. Should there be neither brothers nor sisters nor children of brothers or sisters, the other collateral relatives shall succeed to the estate.  The latter shall succeed without distinction of lines or preference among them by reason of relationship by the whole blood. (Article 1009, Civil Code of the Philippines)
7. The right to inherit ab intestato shall not extend beyond the fifth degree of relationship in the collateral line. (Article 1010, Civil Code of the Philippines)

Take note that in default of legitimate children and descendants of the deceased, his parents and ascendants shall inherit from him, to the exclusion of collateral relatives. (Article 985, Civil Code of the Philippines)

Click here to subscribe to our newsletter

Alburo Alburo and Associates Law Offices specializes in business law and labor law consulting. For inquiries regarding legal services, you may reach us at info@alburolaw.com, or dial us at (02)7745-4391/ 09175772207/ 09778050020.

All rights reserved.