From: Realtor - Paralegal MARIO R. SILVA (Philippine PRC R.E.B. 0001839) - U.P.-Certified Paralegal / - Estate Settlement Consulting • I have been consulted by some clients about “What Philippine Civil Code Article provides for the sharing among the Co-Heirs of the descedent’s real property/ies?” My answer to the said question is that "there are various articles in the Philippine Civil Code, and Family Code which should be intermixed in order be able to provide professional advice to the Co-Heirs' concerned, // In this presentation, I will just provide a preview of the “Philippine Civil Code Article 996 which was the basis of the sharing among certain legitimate Co-Heirs assuming that: (1) the real property being adjudicated is under absolute community of property regime; (2) there is no issue about illegitimate child; (3) there are no other issues which will affect the sharing rates. (Assumption: There is a Surviving Wife, and 3 Surviving Legitimate Siblings.) / (Here is what will be stated in the Memorandum of Agreement, or similar document in case the "Title under the Co-Heirs' Names do not contain the sharing rates based on the above assumption.") - - (a) Surviving Wife - -5/8 / (b) Sibling 1- -1/8 / (c) Sibling 2- -1/8 / (d) Sibling 3- -1/8. (Notes: <1> If the assumption will be 2 or 4 or more siblings, "the fractional rates will be different." // <2> On the 4/8 share of the Surviving Wife, the BIR shall not collect estate tax because the said 4/8 share is the wife's Conjugal Share. // <3> I will appreciate any question or concern which might be relayed to me.