Combinations of

Legitime under the Civil Code, as amended

Compulsory Heirs

One half (1/2) of the hereditary estate to be divided equally

1. Legitimate children among the legitimate children (Art. 888,
of the testator CC), irrespective whether they survive alone or with
concurring compulsory heirs

2. Legitimate parents,
whether they survive
One half (1/2) of the estate goes to the legitimate parents to
alone or concur with
be divided equally between (Arts. 889 & 890, CC)
illegitimate children and
surviving spouse

3. Ascendants of
equal degree of the
One half (1/2) of the estate to be divided equally between
paternal and maternal
them. It pertains entirely to the ones nearest in degree of
lines, if testator has no
either line (Arts. 890, CC)
child or leaves neither
father nor mother

4. One (1) legitimate

One half (1/2) of the estate (legitime) goes to the legitimate
child and surviving
child (Art. 888, CC); and
spouse
One fourth (1/4) of the estate (free portion) goes to the
surviving spouse (Arts. 892, CC)
5. Two (2) or more
One half (1/2) of the estate (legitime) to be divided among the
legitimate children and
legitimate children (Art. 888, CC); and
surviving spouse
Surviving spouse gets a share (from the free portion) equal to
the legitime of each of the legitimate children (Arts. 892, CC)

6. Legitimate parents One half (1/2) of the estate (legitime) goes to the legitimate
and surviving spouse parents (Arts. 889 & 890, CC); and
One fourth (1/4) of the estate (free portion) goes to the
surviving spouse (Arts. 893, CC)
7. Illegitimate children One third (1/3) of the estate (legitime) goes to the illegitimate
and surviving spouse children; and
One third (1/3) of the estate (legitime) goes to the surviving
spouse (Art. 894, CC); and
8. Legitimate and One half (1/2) of the hereditary estate (legitime) to be divided
illegitimate children equally among the legitimate children (Art. 888, CC); and
Each illegitimate child gets a share (from the free portion)
equal to one half (1/2) of the legitime of each of the legitimate
children (Arts. 895, CC)
All the concurring heirs get their shares from the free portion.
The surviving spouse is preferred over the illegitimate
children whose share in the inheritance may suffer a
proportionate (pro rata ) reduction.
9. Legitimate parents One half (1/2) of the estate (legitime) goes to the legitimate
and illegitimate children parents (Art. 889, CC); and
One fourth (1/4) of the estate (free portion) goes to the
illegitimate children (Art. 896, CC)
10. Legitimate and
One half (1/2) of the estate (legitime) to be divided among the
illegitimate children and
legitimate children (Art. 888, CC);
surviving spouse
Each illegitimate child gets a share (from the free portion)
equal to one half (1/2) of the legitime of each of the legitimate
children;
Surviving spouse gets a share (from the free portion) equal to
the legitime of each of the legitimate children (Arts. 892, CC)
(Arts. 897 and 898, CC)
11. Legitimate parents,
One half (1/2) of the estate (legitime) to be divided equally
illegitimate children and
between the legitimate parents (Arts. 889 & 890, CC);
surviving spouse
One fourth (1/4) of the estate (free portion) goes to the
illegitimate children; and
One eighth (1/8) of the estate (free portion) goes to the
surviving spouse (Art. 899, CC)
One half (1/2) of the estate (legitime) goes to the surviving
12. Surviving spouse
spouse;
But the share is reduced to one third (1/3) of the estate in the
case of marriage in articulo mortis and the testator died
within three (3) months from its solemnization (Art. 900, CC)

One half (1/2) of the estate (legitime) goes to the illegitimate

13. Illegitimate children
children (Art. 901, CC)
 One half (1/2) of the estate (legitime) of the illegitimate
14. Illegitimate parents
child (Art. 903, CC)

15. Illegitimate parents

One fourth (1/4) of the estate (legitime) goes to the
and surviving spouse of
illegitimate parents; and
the illegitimate child
One fourth (1/4) of the estate (legitime) goes to the surviving
spouse (Art. 903, CC)