CHAPTER III

DIVISION INTO SHARES BETWEEN THE STATUTORY

HEIRS IN EACH CLASS AND DEGREE

PART I

RELATIVES

 

Section 1632.- Subject to the provisions of Section 1629 last paragraph, the distribution of inheritance to the statutory heirs in the several classes of relatives shall be in accordance with the provisions in Part I of this Chapter.

 

Section 1633.- The statutory heirs of the same class in any of the classes as specified in Section 1629 are entitled to equal shares. If there is only one statutory heir in such class, he is entitled to the whole portion.

 

Section 1634.- As between the descendants entitled by way of representation to the division per stirpes as provided in Chapter IV of Title II, the divisions shall be as follows :

                  (1) If there are descendants of different degrees, only the children of the deceased, who are the nearest in degree, are entitled to receive the inheritance. The descendants of lower degree may receive the inheritance only by virtue of the right of representation ;

                  (2) Descendants in the same degree are entitled to equal shares ;

                  (3) If in one degree there is only one descendant, such descendant is entitled to the whole share.

 

PART II

SPOUSES

 

Section 1635.- The surviving spouse is entitled to the inheritance of the deceased in the class and according to the division as hereunder provided :

                  (1) If there is an heir according to Section 1629 (1) surviving or having representatives, as the case may be, such surviving spouse is entitled to the same share as an heir in the degree of children ;

                  (2) If there is an heir according to Section 1629 (3) and such heir is surviving or has representatives, or if in default of an heir according to Section1629 (1), there is an heir according to Section 1629 (2), as the case may be, such surviving spouse is entitled to one half of the inheritance ;

                  (3) If there is an heir according to Section 1629 (4) or (6) and such heir is surviving or has representatives, or if there is an heir according to Section 1629 (5), as the case may be, such surviving spouse is entitled to two-thirds of the inheritance ;

                  (4) If there is no heir as specified in Section 1629, such surviving spouse is entitled to the whole inheritance.

 

Section 1636.- If the de cujus has left several wives surviving who acquired their legal status before the enforcement of the Civil and Commercial Code Book V, all those wives are jointly entitled to inherit in the class and according to the division as provided in Section 1635. However, as between themselves each secondary wife is entitled to inherit one half of the share to which the principal wife is entitled.