LEGITIME

Legitimate Legitimate
No. Surviving Relatives Children and Parents and
Descendants Ascendants

1 Legitimate Children ( or *descendants) 1/2 None

2 One Legitimate Child and Surviving Spouse 1/2 None

3 Two or more Legitimate children and 1/2 None

Surviving Spouse
4 ** Two or more Legitimate children, 1/2 None
Illigitimate children and Surviving Spouse

5 Legitimate children and Illigitimate children 1/2 None

6 Surviving Spouse alone None None

7 Surviving Spouse and Illegitimate Children None None
8 Legitimate Parents (**** or ascendants) , None 1/2
Surviving Spouse, Illegitimate Children
9 Legitimate Parents alone None 1/2
10 Legitimate Parents and Surviving Spouse None 1/2
11 Legitimate Parents and Illegitimate Children None 1/2

12 Illegitimate Children alone None None

13 Illegitimate Parents alone None None
14 Illegitimate Parents and Surviving Spouse None None

* The general rule is that the nearer exclude the more remote. E.g The great-grand children cannot inherit unle
** There is a possibility that legitime would exceed the total estate as when there are more than two or more il
estate after deducting the legitime of the children and survising spouse should be divided equally among the i
*** Divided equally between/among them
**** The nearer exclude the more remote. This rule in the ascending line admits no qualification, since there is
 LEGITIME
Surviving Spouse Illegitimate Illegitimate FREE NCC
Children Parents PORTION provision/s

None None None 1/2 Art. 888

1/4 None None 1/4 Art. 892

Equal to the share None None Remainder Art. 892

of one LC
Equal to the share 1/2 of each LC None Remainder Art. 892 and
of one LC Art. 176 of the
FC
None 1/2 of each LC None Remainder Art. 176 of the
FC
1/2 None None 1/2 Art. 900
1/3 *** 1/3 None 1/3 Art. 894
1/8 1/4 None 1/8 Art. 899

None None None 1/2 Art. 889

1/4 None None 1/4 Art. 893
None 1/4 None 1/4 Art. 896

None 1/2 None 1/2 Art. 901

None None 1/2 1/2
1/4 None 1/4 1/2

reat-grand children cannot inherit unless all the children and grand-children renounce.
en there are more than two or more illlegitimate children. In this case, the remainder of the
hould be divided equally among the illegitimate children.

admits no qualification, since there is no representation in the ascending line.

 RULES ON SUBSTITUTION
Kind of Heir Predecease Incapacity Renunciation
1. Transmits nothing 1. Transmits nothing 1. Transmits nothing
Compulsory
2. Representation 2. Representation 2. No Representation
1. Transmits nothing 1. Transmits nothing 1. Transmits nothing
Voluntary 2. No Representation 2. No Representation 2. No Representation

1. Transmits nothing 1. Transmits nothing 1. Transmits nothing

Legal
2. Representation 2. Representation 2. No Representation

* If a compulsory heir who is also an intestate heir is disinherited, he forfeit both his legitime and his
intestate portion and representation, if proper, operates as to the intestate portion (Art. 981)
 Disinheritance
1. Transmits nothing
2. Representation

Not Applicable

Not Applicable*

t both his legitime and his

on (Art. 981)