Succession: Summary of Legitime of Compulsory Heirs

SUCCESSION
Prof. Rhett Emmanuel C. Serfino

Summary of Legitime of Compulsory Heirs
Legitimate Legitimate
Surviving Illegitimate Illegitimate
Surviving Relatives Children & Parents &
Spouse Children Ascendants
Descendants Ascendants
½ (divided
Legitimate children alone by the # of
children)
One legitimate child and
½ ¼
surviving spouse
Same as the
½ (divided
Legitimate children and share of each
by the # of
surviving spouse legitimate
children)
child
½ the share
½ (divided
Legitimate children and of each
by the # of
illegitimate children legitimate
children) *
child
½ the share
One legitimate child, surviving
of each
spouse, and illegitimate ½ ¼
legitimate
children *
child
Same as the ½ the share
Two or more legitimate ½ (divided
share of each of each
children, surviving spouse, and by the # of
legitimate legitimate
illegitimate children children) *
child child
Legitimate parents alone ½
Legitimate parents and
¼ ½
illegitimate children
Legitimate parents and
¼ ½
surviving spouse
Legitimate parents, surviving 1
/8 ¼ ½
spouse and illegitimate children
½ (divided
Illegitimate children alone by the # of
children)
1
/3 (divided
Illegitimate children and 1
/3 by the # of
surviving spouse
children)
½ or 1/3 if in
Surviving spouse alone articulo
mortis
Illegitimate parents alone ½
Illegitimate parents and
¼ ¼
surviving spouse
* Note that the legitime of illegitimate children can only be taken from the free portion, and that in no
case can the total legitime of such illegitimate children exceed the free portion, and that the legitime of
the surviving spouse must first be fully satisfied.
SUCCESSION
SUMMARY OF SHARES OF LEGAL HEIRS
Legitimate children & legitimate descendants alone

Intestate Heir Share as Legitime Share as Free Portion Total Intestate Share
Legitimate children ½ ½ 1
TOTAL ½ ½ 1
One legitimate child and surviving spouse

Legitimate child ½ ½
Surviving spouse ¼ ¼ ½
TOTAL ¾ ¼ 1
Legitimate children & surviving spouse

Legitimate children ½ Remaining portion of estate Whole estate divided equally
after distributing legitimes between total number of
children plus the surviving
spouse
Surviving spouse Same as the share of each Free portion to be divided
legitimate child equally between total no. of
children plus the surviving
spouse
TOTAL Varies w/ no. of children Varies w/ no. of children 1
Legitimate children & illegitimate children

Legitimate children ½ Remaining portion of estate, Whole estate divided using
if any, after distributing the ration of 2 for each
legitimes legitimate child
Illegitimate children ½ the share of each Remaining portion to be 1 for each illegitimate child
legitimate child divided by the ration of 2 for provided that legitimes will
each legitimate child, 1 for not be impaired
each illegitimate child
TOTAL Varies w/ no. of children Varies w/ no. of children
* Note that the legitime of illegitimate children can only be taken from the free portion, and that in no case can
the total legitime of such illegitimate children exceed the free portion.
One legitimate child, surviving spouse, & illegitimate children

Legitimate child ½ After distributing the ½
legitimes, there will be no
free portion
Surviving spouse ¼ No free portion to distribute ¼
Illegitimate children ¼ portion to be divided No free portion to distribute ¼

equally among the
illegitimate children (see
Note below)
TOTAL 1 0 1
* The legitime of illegitimate children can only be taken from the free portion, and in no case can the total
legitime of such illegitimate children exceed the free portion, and that the legitime of the surviving spouse must
first be fully satisfied.
Legitimate children, illegitimate children & surviving spouse
Legitimate children ½ Remaining portion of estate, Whole estate divided by the
if any after distributing ratio of 2 for each legitimate
legitimes, to be divided at child
the ratio of 2 for each
legitimate child
Illegitimate children ½ the share of each 1 for each illegitimate child, 1 for each illegitimate child
legitimate child provided legitimes are not
impaired
Surviving spouse Same share as that of each Same share as that of each Same share as that of each
legitimate child legitimate child, provided legitimate child, provided
legitimes are not impaired legitimes are not impaired
TOTAL Varies depending on no. of Varies depending on no. of 1

illegitimate children illegitimate children
Legitimate parents alone

Legitimate parents ½ ½ 1
TOTAL ½ ½ 1
Legitimate parents & illegitimate children

Legitimate parents ½ ½
Illegitimate children ¼ ¼ ½
TOTAL ¾ ¼ 1
Legitimate parents & surviving spouse

TOTAL ¾ ¼ 1
Legitimate parents, surviving spouse & illegitimate children

Surviving spouse 1 1 ¼
/8 /8
Illegitimate children ¼ ¼
TOTAL 7 1 1
/8 /8
Illegitimate children alone

Illegitimate children alone ½ ½ 1
TOTAL ½ ½ 1
Illegitimate children & surviving spouse

Illegitimate children 1 1 ½
/3 /6
Surviving spouse 1 1 ½
/3 /6
TOTAL 2/3 1/3 1
Surviving spouse
Surviving spouse 1 2 1
½ ( /3 if in articulo mortis) ½ ( /3 if in articulo mortis)
1
TOTAL ½ ( /3 if in articulo mortis) ½ (2/3 if in articulo mortis) 1
Illegitimate parents alone
Illegitimate parents ½ ½ 1
TOTAL ½ ½ 1
Illegitimate parents & surviving spouse

Illegitimate parents ¼ ¼ ½
TOTAL ½ ½ 1
* Note that this situation is not covered by law. Caguioa says that under the principle of exclusion, the surviving
spouse should be excluded by the illegitimate parents, hence the latter get ¾, the former ¼. However, most
commentators are of the view that that they should share equally, citing Art. 997, saying that illegitimate
parents should not have more rights than legitimate parents.
Siblings, nephews & nieces alone

Siblings, nephews, nieces 1 1
TOTAL 1 1
Surviving spouse, siblings, nephews & nieces

Surviving spouse ½ ½
Siblings, nephews, nieces ½ ½
TOTAL ½ ½ 1
SUCCESSION
ORDER OF SUCCESSION AND CONCURRENCE IN INTESTATE SUCCESSION

Intestate Heir Excludes Excluded By Concurs With
Legitimate children & Ascendants, collaterals & No one Surviving spouse,
Legitimate descendants the State illegitimate children
Illegitimate children &Illegitimate parents, No one Surviving spouse,
Descendants collateral relatives & the legitimate children, and
State legitimate parents
Legitimate parents & Collateral relatives & the Legitimate children Illegitimate children &
legitimate descendants State surviving spouse
Illegitimate parents Collateral relatives & the Legitimate children & Surviving spouse
State illegitimate children
Surviving spouse Collateral relatives other No one Legitimate children,
than siblings, nephews and illegitimate children,
nieces legitimate parents and
illegitimate parents
Siblings, nephews All other collateral Legitimate children, Surviving spouse
nieces relatives & the State illegitimate children,
legitimate parents and
illegitimate parents
Other collateral Collateral relatives remoter Legitimate children, Collateral relatives in the
relatives within 5th in degree & the State illegitimate children, same degree
degree legitimate parents and
illegitimate parents, &
surviving spouse
The State No one Everyone No one
ORDER OF INTESTATE SUCCESSION OF A LEGITIMATE CHILD, AN ILLEGITIMATE CHILD

AND AN ADOPTED CHILD
Legitimate Child Illegitimate Child Adopted Child

1 Legitimate children and Legitimate children and Legitimate children and
legitimate descendants of legitimate descendants legitimate descendants of
the former the former
2 Legitimate parents and Illegitimate children and Adoptive parents (see Sec.
legitimate ascendants legitimate or illegitimate 16 and 18, R.A. 8552)
descendants of the former
3 Illegitimate children and Illegitimate parents Illegitimate children and
legitimate or illegitimate legitimate or illegitimate
descendants of the former descendants of the former
4 Surviving spouse Surviving spouse Surviving spouse
5 Legitimate siblings, Illegitimate siblings, Biological siblings,
nephews, nieces nephews, nieces nephews, nieces (Art. 992
also applies)
6 Legitimate collateral State Collateral relatives (Art.
relatives 992 also applies)
7 State State

Succession: Summary of Legitime of Compulsory Heirs

Uploaded by

Document Information

Original Description:

Original Title

Copyright

Available Formats

Share this document

Share or Embed Document

Sharing Options

Did you find this document useful?

Is this content inappropriate?

Copyright:

Available Formats

Succession: Summary of Legitime of Compulsory Heirs

Uploaded by

Copyright:

Available Formats

SUCCESSION

Prof. Rhett Emmanuel C. Serfino

SUMMARY OF SHARES OF LEGAL HEIRS

Legitimate children & legitimate descendants alone

One legitimate child and surviving spouse

Legitimate children & surviving spouse

Legitimate children & illegitimate children

One legitimate child, surviving spouse, & illegitimate children

Illegitimate children ¼ portion to be divided No free portion to distribute ¼

TOTAL Varies depending on no. of Varies depending on no. of 1

Legitimate parents alone

Legitimate parents & illegitimate children

Legitimate parents & surviving spouse

Legitimate parents, surviving spouse & illegitimate children

Illegitimate children alone

Illegitimate children & surviving spouse

Illegitimate parents & surviving spouse

Siblings, nephews & nieces alone

Surviving spouse, siblings, nephews & nieces

ORDER OF SUCCESSION AND CONCURRENCE IN INTESTATE SUCCESSION

ORDER OF INTESTATE SUCCESSION OF A LEGITIMATE CHILD, AN ILLEGITIMATE CHILD

Legitimate Child Illegitimate Child Adopted Child

You might also like