THE AWESOME Civil Law Reviewer : Midterms A.Y.

2013-2014
Facts: Testator (T) disposes of property worth P 120,000/ Decedent (D) has property worth 120,000.
Note the distribution in both testamentary and legal succession.
Testamentary
A= only child; no other Article 888.1
compulsory heirs
Gives to the legitime child A = 60k

Legal
Article 980 2
A = 120k

(Side Note: the 60k cannot really be denominated

automatically as a free portion because in the
presence of other heirs: W (widow) and X
(illegitimate), the free portion of 60k will be
distributed 30k and 30k to them.

T has 3 children: A, B, C

They will get 20k each

They will get 40k each

(The other 60k deemed as undisposed portion

will be subjected to legal succession, if nobody
else is instituted in the will.)

As a compulsory heir, you are

entitled to your legitime unless you
are validly disinherited or if you did
not accept it.
Father and Mother (F,M)

889 + 8903

Article 9854

Legitime of F and M is still = 60k F and M will inherit 60k

which is to be distributed equally
Thus, 30k each for F and M.

Art. 888. The legitime of legitimate children and descendants consists of one-half of the hereditary estate of
the father and of the mother.
The latter may freely dispose of the remaining half, subject to the rights of illegitimate children and of the
surviving spouse as hereinafter provided.
2
(Art. 980. The children of the deceased shall always inherit from him in their own right, dividing the inheritance
in equal shares.)
3
Art. 889. The legitime of legitimate parents or ascendants consists of one-half of the hereditary estates of their
children and descendants.
The children or descendants may freely dispose of the other half, subject to the rights of illegitimate children
and of the surviving spouse as hereinafter provided. (809a)
Art. 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.
4
Art. 985. In default of legitimate children and descendants of the deceased, his parents and ascendants shall
inherit from him, to the exclusion of collateral relatives.

THE AWESOME Civil Law Reviewer : Midterms A.Y. 2013-2014

If one of them dies (e.g. F)

M would inherit the entire (60k)

If F and M are both dead

but are survived by Ts
maternal and paternal
grandparents (AB and AL :
parents of F and GF and
GM: parents of M)

The 60k shall be divided equally

among maternal and paternal
grandparents (same degrees) of T if
F and M are both dead.

What if AB dies

Thus, 15k each for AB, AL, GM and

GF.
AL will get 30k (intended for the
paternal grandparents) and 15k
each for GM and GF.

What if AB and AL die GF and GM will inherit the entire

(paternal grandparents)
60k.
Widow/widower (W) and Art. 8925
only child (A)
W = 30k (1/4)
A = 60 k (1/2)

Article 9966
Estate/ 2 = 60k each for W and A

Note: Ask how many children there

are because if there is only 1 child,
your reason for giving 30k to W is
that she is entitled to .
BUT,
W but there are two
children, A and B
If there are two children, the
distribution is as follows:
W= 30k
A = 30k
B = 30k

Estate/ 3 = 40k each for W, A and B

In this case, although W still

receives 30k, the reason is no
5

Art. 892. If only one legitimate child or descendant of the deceased survives, the widow or widower shall be
entitled to one-fourth of the hereditary estate. In case of a legal separation, the surviving spouse may inherit if it
was the deceased who had given cause for the same.
If there are two or more 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.
In both cases, the legitime of the
surviving spouse shall be taken from the portion that can be freely disposed of by the testator.
6
Art. 996. If a widow or widower and legitimate children or descendants are left, the surviving spouse has in the
succession the same share as that of each of the children.

THE AWESOME Civil Law Reviewer : Midterms A.Y. 2013-2014

longer her entitlement to but that
she is entitled to a share equal to
the legitime of each child (since the
children are equal to 60k, 30k each
for A and B; thus, equal share of
30k to W)
Note: the offending spouse
cannot inherit from the
offended spouse in both
testate
and
intestate
succession (however, this
does not include the
offending spouses share in
the conjugal estate)
F,M (parents)
(spouse)

and

None

W Article 8937
F and M = 60k (30k each)
W = 30k

None

Art. 9978
F and M = (60k; 30k each)
W = (60k)

(we dont have to

(30k is set as free disposal portion anything/free disposal
for any other provisions/institutions because there is no will)
in the will)
Legitimate child, A and Art. 8949
illegitimate child, X
Ratio of share: 2: 1 (pertaining to 2:1 ratio still observed
legitimate: illegitimate)
A= 60k
X = 30k

reserve
portion

A = 80k
X = 40k
Same principle:

Legitimate Children A and

B; Illegitimate Children: X,
Y, Z, W2
A= 30k
Rule: 988 (same proportion in 985),
B=30k
thus
X, Y, Z, W2 = 15k each (one half of
the share of each of the legitimate) Ratio: 2: 1 should be observed

Art. 893. If the testator leaves no legitimate descendants, but leaves legitimate ascendants, the surviving
spouse shall have a right to one-fourth of the hereditary estate.
This fourth shall be taken from the free portion of the estate.
8
Art. 997. When the widow or widower survives with legitimate parents or ascendants, the surviving spouse
shall be entitled to one-half of the estate, and the legitimate parents or ascendants to the other half.
9
Art. 894. If the testator leaves illegitimate children, the surviving spouse shall be entitled to one-third of the
hereditary estate of the deceased and the illegitimate children to another third. The remaining third shall be at
the free disposal of the testator.

THE AWESOME Civil Law Reviewer : Midterms A.Y. 2013-2014

Total= 120k
BUT, what if:

Given Facts
Illustration:

in

Atty

EMs

89511

Legitimate: A, B, C
Legitimate A; Illegitimate: A= 60k
Spouse: W
X, Y, Z, W2
X, Y, Z, W2 = cannot get 30k each Illegitimate: X, Y
or half of the share of the legitimate
child because in no case shall the A, B, C = 24k each
sharing exceed the free portion of W= 24k
60k
X, Y = 24k (12k each)
Thus,
X, Y, Z, W2 = will only get 15k each
because since the free portion is
only 60k, the illegitimate children
will suffer a reduction equally
(60k/4= 15k each)
As Applied:
Legitime: A; Illegitimate: X, A= 60k
A= 30k
Y, Z, W2, R and S10
X, Y, Z, W2, R and S will suffer a X, Y, Z, W2, R and S12 = 15k each
reduction and, thus:
(90k)
Free portion remaining: 60k/6 =
10k each
As applied:
Legitimate, A, B, C, and D; A,B,C,D = 15k each (60k/4)
Spouse, W; Illegitimate W= 15k (same as that of each 120/7 shares (one share for
Children: X, Y, Z, W2
legitimate child)
legitimate children and wife +
X,Y,Z,W2= 7.5 each (favorable to share for 4 illegitimate children)
them because their individual share
is covered by the free portion; in
fact, there is still a remaining free
portion of 15k)

10

Note: The illegitimate children will suffer reduction. The rule on half-the share is only good in paper. Atty.
EM. If there is a surviving spouse, his/her share shall be prioritized after that of the legitimate child/ren before
considering the share of the illegitimate children. It will be favorable to the illegitimate children if there are many
legitimate children because the share of the illegitimate will almost approximate that of the legitimate (see
illustration above).
11
Art. 895. Xxx The legitime of the illegitimate children shall be taken from the portion of the estate at the free
disposal of the testator, provided that in no case shall the total legitime of such illegitimate children exceed that
free portion, and that the legitime of the surviving spouse must first be fully satisfied.
12
Note: The illegitimate children will suffer reduction. The rule on half-the share is only good in paper. Atty.
EM. If there is a surviving spouse, his/her share shall be prioritized after that of the legitimate child/ren before
considering the share of the illegitimate children. It will be favorable to the illegitimate children if there are many
legitimate children because the share of the illegitimate will almost approximate that of the legitimate (see
illustration above).

THE AWESOME Civil Law Reviewer : Midterms A.Y. 2013-2014

F, M and illegitimate child: 89613
X
F and M = 60k (30k each)
X= 30k

Art. 99114
F and M = 60k (30k each)
X = 60k

89915
Parents: F and M; spouse: F and M = (60k)
W; and illegitimate: W
W = 1/8 ( 15k)
X = (30k)

F and M = (60k)
W = (30k)
X = (30k)

Note: 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

Art. 90016
Legitime: 1/3 only

Illegitimate child (X) only

Art. 90119

Article 99517
Surviving spouse = 100%
(the rule in Art. 900 has not been
retained in legal succession)18
98820

X= 1/2

X= 100% (entire)

Testator is Illegitimate (
Article 903) 21:
Article 903:
13

Art. 896. Illegitimate children who may survive with legitimate parents or ascendants of the deceased shall be
entitled to one-fourth of the hereditary estate to be taken from the portion at the free disposal of the testator.
14
Art. 991. If legitimate ascendants are left, the illegitimate children shall divide the inheritance with them,
taking one-half of the estate, whatever be the number of the ascendants or of the illegitimate children.
15
Art. 899. When the widow or widower survives with legitimate parents or ascendants and with illegitimate
children, such surviving spouse shall be entitled to one-eighth 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. The testator may freely dispose of the remaining oneeighth of the estate.
16
Art. 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.
17
Art. 995. In the absence of legitimate descendants and ascendants, and illegitimate children and their
descendants, whether legitimate or illegitimate, the surviving spouse shall inherit the entire estate, without
prejudice to the rights of brothers and sisters, nephews and nieces, should there be any, under article 1001.
18
Atty. EM expressed his doubt as to the wisdom of the law in Art. 900 and the inconsistency pertaining to legal
succession because the kind of succession (testate or legal) would not change the character of the person.
19
Art. 901. When the testator dies leaving illegitimate children and no other compulsory heirs, such illegitimate
children shall have a right to one-half of the hereditary estate of the deceased.
The other half shall be at the free disposal of the testator.
20
Art. 988. In the absence of legitimate descendants or ascendants, the illegitimate children shall succeed to the
entire estate of the deceased.
21
Art. 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

THE AWESOME Civil Law Reviewer : Midterms A.Y. 2013-2014

a. Share of illegitimate IF and IM = (60k)
parents (IF and IM)22
b. Illegitimate child (IX) IF and IM = 0
and
illegitimate
parents, IF and IM
Even if IX is only illegitimate, since
the Testator is illegitimate, IXs
status can already exclude the
parents from succession. (Note: this
is contrary to the provision in case
of a legitimate testator because
then, only a legitimate child can
exclude
the
parents
from
inheritance.)
c. Illegitimate parents (IF IF and IM = (20k each)
and IM) and spouse W = (40k)
(W)

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 parents of the illegitimate child, the legitime of the
parents is one-fourth of the hereditary estate of the child, and that of the surviving spouse also one-fourth of
the estate.
22
Note that in Article 903 wherein the testator is illegitimate, the grandparents cannot inherit. The possible heirs
are only up to the illegitimate parents (no other ascendant recognized).