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Joseph Sante E.

Bustamante
LLB4302
Law on Succession
Atty. Fretti G. Ganchoon
Instruction: Completely fill up the matrix below. For the legal basis, cite the Civil Code provision / article
where the heir’s / heirs’ legitime is stated.

1.

Surviving
Compulsory Heirs
Legitimate
child/children only

Legitime

Legal Basis

½ of estate divi
ded equally

Article 888. (par. 1) The legitime of legitimate children
and descendants consists of one-half of the hereditary
estate of the father and of the mother.
Article 889. (par. 1) The legitime of legitimate parents or
ascendants consists of one-half of the hereditary estates of
their children and descendants.
Article 890. The legitime reserved for the legitimate
parents shall be divided between them equally; if one of
the parents should have died, the whole shall pass to the
survivor.
If the testator leaves neither father nor mother, but is
survived by ascendants of equal degree of the paternal and
maternal lines, the legitime shall be divided equally
between both lines. If the ascendants should be of different
degrees, it shall pertain entirely to the ones nearest in
degree of either line. (810)
Article 900. If the only survivor is the widow or widower,
she or he shall be entitled to one-half of the hereditary
estate of the deceased spouse, and the testator may freely
dispose of the other half. (837a)
If the marriage between the surviving spouse and the
testator was solemnized in articulo mortis, and the testator
died within three months from the time of the marriage, the
legitime of the surviving spouse as the sole heir shall be
one-third of the hereditary estate, except when they have
been living as husband and wife for more than five years.
In the latter case, the legitime of the surviving spouse shall
be that specified in the preceding paragraph. (n)
Article 895 (par. 2) The legitime of an illegitimate child
who is neither an acknowledged natural, nor a natural child
by legal fiction, shall be equal in every case to four-fifths
of the legitime of an acknowledged natural child.
Article 903. The legitime of the parents, who have an
illegitimate child, when such child leaves neither legitimate
descendants, nor a surviving spouse, nor illegitimate
children, is one-half of the hereditary estate of such
illegitimate child. If only legitimate or illegitimate children
are left, the parents are not entitled to any legitime
whatsoever. If only the widow or widower survives with

2.

Legitimate parents / ½ (proximity,
ascendants only
division by line,
equality within
the line)

3.

Widow
only

4.

Illegitimate
child/children only

5.

Illegitimate
only

/

widower ½ or 1/3 if
articulo mortis
marriage; died
within 3 months
from marriage,
has
not
cohabited for 5
years

4/5
of
the
legitime of an
acknowledge
natural child.
parents 1/2

In case of a legal separation. and that of the surviving spouse also one-fourth of the estate Article 895. When the widow or widower survives with legitimate children or descendants. the surviving spouse shall be entitled to a portion equal to the legitime of each of the legitimate children or descendants. 1) If only one legitimate child or descendant of the deceased survives. nor a natural child by legal fiction.6. If the widow or widower survives with legitimate children or descendants. and with illegitimate children other than acknowledged natural. Article 895. and acknowledged natural children. (par. (par. In case of a legal separation. Article 892. (n) Article 898. the widow or widower shall be entitled to one-fourth of the hereditary estate. the legitime of the parents is one-fourth of the hereditary estate of the child. Article 892. 1) If only one legitimate child or descendant of the deceased survives. Article 897. Illegitimate child/children 4/5 of an acknowledged natural child or legitimate child the 1/2 Equal share of each of the legitimate children 4/5 of the legitime of an acknowledged natural child. the widow or widower shall be entitled to one-fourth of the hereditary estate. The legitime of an illegitimate child who is neither an acknowledged natural. the share of the surviving spouse shall be the same as that provided in the preceding article. Legitimate children Widow / widower 7. . shall be equal in every case to four-fifths of the legitime of an acknowledged natural child. 2) If there are two or more legitimate children or descendants. the surviving spouse may inherit if it was the deceased who had given cause for the same. shall be equal in every case to four-fifths of the legitime of an acknowledged natural child. The legitime of an illegitimate child who is neither an acknowledged natural. Article 892. such surviving spouse shall be entitled to a portion equal to the legitime of each of the legitimate children which must be taken from that part of the estate which the testator can freely dispose of. nor a natural child by legal fiction. or natural children by legal fiction. the surviving spouse may inherit if it was the deceased who had given cause for the same. or natural children by legal fiction. Legitimate child Widow / widower Illegitimate child/children 1/2 Portion equal to the legitime of each of the legitimate children 1/2 1/4 4/5 of the legitime of an acknowledged natural child. 1 & 2) The legitime of each of the acknowledged natural children and each of the natural children by legal fiction shall consist of one-half of the legitime of each of the legitimate children or descendants. (par. Legitimate children Widow / widower 9. 10. (par. parents of the illegitimate child. 1 and 2) The legitime of each of the acknowledged natural children and each of the natural children by legal fiction shall consist of one-half of the legitime of each of the legitimate children or descendants. Legitimate child/children Illegitimate child/children 1/2 Legitimate child Widow / widower 1/2 ¼ of hereditary estate 8. (par.

nor a natural child by legal fiction. Legitimate parents Illegitimate child/children 13. Illegitimate children who may survive with legitimate parents or ascendants of the deceased shall be ¼ divided entitled to one-fourth of the hereditary estate to be taken equally from the portion at the free disposal of the testator. Article 890 (par. If only legitimate or illegitimate children are left. (par. the parents are not entitled to any legitime whatsoever. 2) If the testator leaves neither father nor mother. (810) 1/2 Article 896. the legitime of the parents is one-fourth of the hereditary estate of the child. but is survived by ascendants of equal degree of the paternal and maternal lines. but is survived by ascendants of equal degree of the paternal and maternal lines. the 1/4 surviving spouse shall have a right to one-fourth of the hereditary estate. 1) The legitime of legitimate parents or ascendants consists of one-half of the hereditary estates of their children and descendants. 1/2 Article 893. (par. is one-half of the hereditary estate of such 1/8 or illegitimate child. 1) The legitime of legitimate parents or ascendants consists of one-half of the hereditary estates of their children and descendants. 2) If the testator leaves neither father nor mother. when such child leaves neither legitimate descendants. Legitimate parents Illegitimate child/children Widow / widower Article 895. (810) . nor a surviving spouse. the legitime shall be divided equally between both lines. 1) If the testator leaves no legitimate descendants. the legitime shall be divided equally between both lines. (par. The legitime of an illegitimate child who is neither an acknowledged natural. shall be equal in every case to four-fifths of the legitime of an acknowledged natural child.11. but leaves legitimate ascendants. but is survived by ascendants of equal degree of the paternal and maternal lines. (810) 1/2 Article 903. (n) Article 890 (par. If the ascendants should be of different degrees. Article 889. it shall pertain entirely to the ones nearest in degree of either line. 1 & 2) The legitime of each of the acknowledged natural children and each of the natural children by legal fiction shall consist of one-half of the legitime of each of the legitimate children or descendants. If the ascendants should be of different degrees. Legitimate parents Widow / widower 12. If the ascendants should be of different degrees. Article 890 (par. the legitime shall be divided equally between both lines. The legitime of the parents who have an ¼ divided illegitimate child. (841a) Article 889. If only the widow or widower survives with parents of the illegitimate child. it shall pertain entirely to the ones nearest in degree of either line. (par. it shall pertain entirely to the ones nearest in degree of either line. nor illegitimate equally children. 2) If the testator leaves neither father nor mother. and that of the surviving spouse also one-fourth of the estate.

The testator may freely dispose of the remaining one-eighth of the estate. The legitime of the parents who have an illegitimate child. is one-half of the hereditary estate of such illegitimate child. Widow/widower Illegitimate child/children 1/3 1/3 equally 15. the surviving spouse shall be entitled to one-third of the hereditary estate of the deceased and the illegitimate children to another third. When the widow or widower survives with legitimate parents or ascendants and with illegitimate children.14. (n) . If only legitimate or illegitimate children are left. such surviving spouse shall be entitled to oneeighth of the hereditary estate of the deceased which must be taken from the free portion. and the illegitimate children shall be entitled to one-fourth of the estate which shall be taken also from the disposable portion. If only the widow or widower survives with parents of the illegitimate child. the legitime of the parents is one-fourth of the hereditary estate of the child. nor illegitimate children. the parents are not entitled to any legitime whatsoever. Article 903. Widow/widower Illegitimate parents 1/4 1/4 Article 899. (n) Article 894. The remaining third shall be at the free disposal of the testator. If the testator leaves illegitimate children. and that of the surviving spouse also one-fourth of the estate. when such child leaves neither legitimate descendants. nor a surviving spouse.