1

ISLAMIC
LAW
ON

SUCCESSION
(Summary Outline)

_Rohan_
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PRESIDENTIAL DECREE
NO. 1083
A DECREE TO ORDAIN AND PROMULGATE A CODE
RECOGNIZING THE SYSTEM OF FILIPINO MUSLIM LAWS,
CODIFYING MUSLIM PERSONAL LAWS, AND
PROVIDING FOR ITS ADMINISTRATION AND FOR OTHER
PURPOSES.

Art. 10. Personality, how acquired. — Birth

determines personality; but the conceived child shall
be considered born for all purposes that are
favorable to it, provided it be born alive, however,
briefly, at the time it is completely delivered from the
mother's womb.

Art. 12. Simultaneous death. — If, as between two or

more persons who are called to succeed each other,
there is a doubt as to which of them died first,
whoever alleges the death of one prior to the other
shall prove the same; in the absence of such proof, it
is presumed that they died at the same time and
there shall be no transmission of rights from one to the
other. However, the successional rights of their
respective heirs shall not be affected.

BOOK THREE
Succession
-------------------------------------------------------------
TITLE I
General Provisions

Art. 89. Succession defined. — Succession is a mode

of acquisition by virtue of which the estate of a
person is transmitted to his heirs or others in
accordance with this code.
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Art. 90. Successional rights, when vested. — The

rights to succession are transmitted from the moment
of the death of the decedent. The right to succession
of any heir who predeceases the decedent shall not
be transmitted by right of representation to his own
heirs.
Art. 91. Requisites of succession. — No settlement of
the estate of a deceased person shall be effected
unless:
(a) The death of the decedent is ascertained;
(b) The successor is alive at the time of the death of
the decedent; and
(c) The successor is not disqualified to inherit.

Art. 92. Inheritance (Mirath). — The inheritance of a

person includes all properties of any kind, movable or
immovable, whether ancestral or acquired either by
onerous or gratuitous title, as well as all transmissible
rights and obligations at the time of his death and
those that accrue thereto before partition.
Art. 93. Disqualifications to succession. — The
following shall be disqualified to succeed:
(a) Those who have intentionally caused directly or
indirectly the death of the decedent;
(b) Those who have committed any other act which
constitutes a ground for disqualification to
inherent under Islamic law; and
(c) Those who are so situated that they cannot
inherit under Islamic law.

Art. 94. Succession from acknowledging person. —

Without prejudice to the order of succession of heirs,
mutual rights of inheritance shall obtain:
(a) Between the acknowledging father and the
acknowledged child; and
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(b) Between the kinsman acknowledged through

another person and the acknowledger.

Art. 95. Succession by illegitimate child. — A child

who was the cause of the mother's having been
divorced by li'an shall have mutual rights of
succession only with the mother and her relatives.
Art. 96. Succession between divorced persons. — (1)
The husband who divorces his wife shall have mutual
rights of inheritance with her while she is observing
her '‘Idda. After the expiration of the '‘Idda, there
shall be no mutual rights of succession between
them.
(2) The husband who, while in a condition of death-
illness, divorces his wife shall not inherit from her, but
she shall have the right to succeed him even after
the expiration of her '‘Idda.
Art. 97. Succession by conceived child. — A child
conceived at the time of the death of the decedent
shall be considered an heir provided it be born later
in accordance with Article 10; its corresponding
share shall be reserved before the estate is
distributed.
Art. 98. Succession by absentee. — The share of an
heir who is missing or otherwise absent at the time of
the death of the decedent shall be reserved:
(a) Until he reappears and claims it;
(b) Until he is proven dead; or
(c) Until the lapse of ten years after which he shall be
presumed dead by decree of the court.
Art. 99. Order of succession. — The heirs of a
decedent shall inherit in the following order:
(a) Sharers (ashab-ul-furud) shall be entitled to fixed
shares;
(b) Residuaries (ashab-ul-mirath) shall be entitled to
the residue; (c) In the absence of the foregoing,
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the distant kindred (dhaw-ul-arham) who are

blood relatives but are neither sharers nor
residuaries; and
(c) In default of the above, the acknowledged
kinsman, universal legatee, or the public treasury
(bait-ul-mal), in that order.
Art. 100. Modes of Succession. — Succession may
be:
(a) By will (wasiya);
(b) By operation of this Code; or
(c) (c)By combination of both

TITLE II
Testamentary Succession
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CHAPTER I
Wills

Art. 101. Will defined. — A will (wasiya) is a

declaration whereby a person is permitted, with the
formalities prescribed by law, to control the
disposition after his death of not more than one-third
of his estate, if there are heirs, or the whole of it, if
there are no heirs or distant kindred.
Art. 102. Formalities. — (1) The making of a will is
strictly a personal act; it cannot be left in whole or in
part to the discretion of a third person or
accomplished through the instrumentality of an
agent.
(2) A will may be declared orally or in writing in a
manner that shows clearly the intention of the
testator to execute it in the presence of a least two
competent, credible and disinterested witnesses.
Art. 103. Proof of will. — (1) No nuncupative will shall
pass any property of the decedent unless it is proved
and allowed in accordance with a solemn oath or
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affirmation of all the witnesses who attested to its

declaration.
(2) No will of any other kind, holographic or formal,
shall pass any property unless it is proved and
allowed in accordance with this Code.
Art. 104. Testamentary waqf— An endowment for
Islamic purposes to take effect after the death of the
donor (wagf-bill-wasiya) partakes of the nature of a
testamentary disposition.
Art. 105. Capacity to make a will. — Any person of
sound and disposing mind and who is not expressly
prohibited by Islamic law may make a will. Persons of
either sex under the age of puberty cannot make a
will.
Art. 106. Disposable third. — (1) The testator, in his
will, cannot dispose of more than one-third of his
estate. Any bequest in excess thereof shall not be
given effect unless ratified by the heirs. In any case,
the bequest must be accepted by the legatee.
(2) A bequest to any sharer or residuary shall not be
valid unless ratified by the testator's heirs existing at
the time of his death.
Art. 107. Bequest by operation of law. — Should the
testator die without having made a bequest in favor
of any child of his son who predeceased him, or who
simultaneously dies with him, such child shall be
entitled to one-third of the share that would have
pertained to the father if he were alive. The parent or
spouse, who is otherwise disqualified to inherit in view
of Article 93 (c), shall be entitled to one-third of what
he or she would have received without such
disqualification.
Art. 108. Revocation of will. — Will may be expressly
or impliedly revoked by the testator at any time
before his death. Any waiver or restriction of this right
shall be void.
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Art. 109.Partial invalidity of will. — The invalidity of one

of several provisions of a will shall not result in the
invalidity of the others, unless it is to be presumed that
the testator would not have made such other
provisions if the first invalid provision had not been
made.

TITLE III
Legal Succession
-------------------------------------------------------------
CHAPTER I
Shares

Art. 110. Who are sharers. — The following persons

shall be entitled to the inheritance as sharers to the
extent set forth in the succeeding articles:
(a) The husband, the wife;
(b) The father, the mother, the grandfather, the
grandmother;
(c) The daughter and the son's daughter in the
direct line;
(d) The full sister, the consanguine sister, the uterine
sister and the uterine brother.

Art. 111. Share of surviving husband. — The husband

surviving together with a legitimate child or a child of
the decedent's son shall be entitled to one-fourth of
the hereditary estate; should there be no such
descendants, he shall inherit one-half of the estate.
Art. 112. Share of surviving wife. — The wife surviving
together with a legitimate child or a child of the
decedent's son shall be entitled to one-eight of the
hereditary estate; in the absence of such
descendants, she shall inherit one-fourth of the
estate.
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Art. 113. Share of surviving father. — The father

succeeding together with the legitimate son of the
decedent or a son of the decedent's son shall be
entitled, as sharer, to one-sixth of the hereditary
estate. The father who succeeds together with a
legitimate daughter of the decedent or a daughter
of the decedent's son shall inherit, as sharer, one-sixth
of the inheritance without prejudice to his share as
residuary.
Art. 114. Share of surviving mother. — The mother
succeeding as sharer together with a child or a child
of the decedent's son, or with two or more brothers or
sisters of the decedent, shall be entitled to one-sixth
of the hereditary estate. Should she survive without
any such descendant or with only one brother or
sister, she shall inherit one-third of the estate.
Art. 115. Share of paternal grandfather. — The
paternal grandfather succeeding together with the
child of the decedent or, in default thereof, with his
descendants in the direct male line however, distant,
shall be entitled to one-sixth of the hereditary estate.
Should he survive with any sharer other than the
brothers or sisters of the decedent, he shall be
entitled to one-sixth without prejudice to his right as a
residuary.
Art. 116. Share of paternal grandmother. — The
paternal grandmother succeeding in default of the
mother, father, or intermediate grandfather of the
decedent shall be entitled, as sharer, to one-sixth of
the hereditary estate.
Art. 117. Share of surviving daughter. — (1) If the
decedent leaves no son but one daughter, the latter
shall be entitled to inherit, as sharer, one-half of the
hereditary estate. Two or more daughters shall share
equally two-thirds thereof. Should one or more
daughters survive with one or more sons of the
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decedent, the latter shall be entitled to double the

share of the former.
(2) Should a lone daughter of the decedent survive
together with his son's daughter, the two-thirds share
shall be divided between them, one-half thereof to
pertain to the former and one-sixth of the latter.
Art. 118. Share of son's daughter. — The son's
daughter shall, in the absence of any child of the
decedent, be entitled to one-half of the hereditary
estate. Two or more daughters of the decedent's son
shall share the two-thirds of the estate per capita.
Art. 119. Share of full sister. — Should the decedent
leave neither descendant, father, nor full brother, the
full sister, shall be entitled as sharer to the extent of
one-half of the hereditary estate. Two or more full
sisters shall inherit two-thirds of the estate per capita.
Art. 120. Share of consanguine sister. — Should the
decedent leave neither descendent, full brother, nor
full sister, the consanguine sister shall be entitled to
one-half of the hereditary estate. Two or more
consanguine sisters shall inherit two-thirds of the
estate per capita.
Art. 121. Share of uterine brother or sister. — The
share of a uterine brother or sister shall be one-sixth of
the hereditary estate should there be no surviving
descendant, father, paternal grandfather, or full
brother and sister of the decedent. Two or more
uterine brothers or sisters shall inherit one-third of the
estate per capita.
Art. 122. Participation of full brother. — (1) One or
more full brothers and sisters surviving together, or
one or more consanguine brothers or sisters surviving
together, shall participate in the hereditary estate, a
brother to inherit double the share of a sister.
(2) The provision of the next succeeding article
notwithstanding, the full brother shall, if nothing is left
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for him after the distribution of shares and he survives

with uterine brothers, participate with the latter in the
one-third of the hereditary estate per capita.
Art. 123. Exclusion among heirs. — The exclusion of
heirs from the inheritance shall be governed by the
following rules:
(a) In the same line, the relative nearest in degree
excludes the more remote.
(b) Full-blood relatives exclude the consanguine and
the uterine.
(c) Whoever is related to the decedent through any
person shall not inherit while the latter is living,
except in the case of a mother concurring with
her children.
(d) Heirs who, in a particular case, do not succeed
by reason of disqualification on any ground shall
not exclude others.

CHAPTER II
Residuary Heirs

Art. 124. Residuaries. — Any residue left after the

distribution of the shares shall be partitioned among
the residuaries in accordance with the following
articles. An heir may succeed as residuary in his own
right (asaba-bin-nafs), in another's right (asaba-bil-
ghair), or together with another (asaba-ma'al-ghair).
Art. 125. Residuaries in their own right. — The following
persons are residuaries in their own right:
(a) Male descendants of the decedent in the direct
line, however, distant in degree;
(b) Male ascendants of the decedent in the direct
line, however distant in degree;
(c) Full-blood or consanguine brothers of the
decedent and their male descendants, however,
distant in degree; and
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(d) Full-blood or consanguine paternal uncles of the

decedent and their male descendants, however
distant in degree.

Art. 126. Residuaries in another's right. — The following

persons shall succeed as residuaries in another's right:
(a) Daughters surviving with the son of the
decedent;
(b) Son's daughters surviving with their own brothers;
(c) Full sisters surviving with their full brothers; and
(d) Consanguine sisters surviving with their
consanguine brothers.

Art. 127. Residuaries together with another. — Full-

blood or consanguine sisters, surviving with daughters
of the decedent or with the son's daughters,
however, distant in degree from the decedent, are
residuaries together with another.
Art. 128. Preference among residuaries. —
Preference among residuaries shall be governed by
the following rules:
(a) The residuary nearer in degree shall be preferred
to the more remote of the same class.
(b) The residuary with full-blood relationship shall be
preferred to those of the half-blood of the same
degree of relationship in the same class.
(c) The residuaries of the same class, degree and
blood relationship shall share equally, subject to
the rule of the male having a share double that
of the female in proper cases.

Art. 129. Reduction of shares. — If the totality of all the

shares assigned to each of the sharers exceeds the
whole inheritance, the shares shall be reduced
proportionately.
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Art. 130. Reversion of residue. — If, after distributing

the portions of the sharers, a residue is left in the
inheritance and there is no surviving residuary heir,
the same shall revert in its entirety to the lone sharer
or to all the sharers in proportion to their respective
shares. However, the husband or the wife shall not be
entitled to any part of the reverted portion as long as
there are other sharers or Distant kindred.

CHAPTER III
Distant Kindred (Dhaw-ul-arham)

Art. 131. Relatives included. — Distant kindred

includes the following:
(a) The daughter's children and the children of the
son's daughter and their descendants;
(b) The excluded grandfather and the excluded
grandmother;
(c) The sister's children, the brother's daughters, the
sons of the uterine brother, and their
descendants; and
(d) The paternal aunts, the uterine uncles and the
maternal aunts and uncles.

Art. 132. Extent and distribution of shares. — In

default of all sharers and residuaries, the distant
kindred shall inherit the entire hereditary estate, the
same to be distributed among them in accordance
with Articles 123 and 128.

TITLE IV
Settlement and Partition of Estate

Art. 133. Administration. — The administration of the

estate of a decedent shall, for purposes of
settlement, vest at the time of his death in the
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executor appointed in the will or, in the absence

thereof, in his heir or administrator to whom the court
has granted letters of administration.
Art. 134. Governing school of law. — (1) In every
petition for probate of will or for the settlement of the
estate of a decedent, all matters relating to the
appointment of administrator, powers and duties of
administrator or executor, the court shall take into
consideration the school of law (Madhhab) of the
decedent.
(2) If the decedent's Madhhab is not known, the
Shafi'i school of law may be given preference
together with the special rules of procedure adopted
pursuant to this Code.
Art. 135. Order of preference of claims. — The estate
of a decedent shall be applied to claims and
charges in the following order:
(a) unpaid taxes;
(b) reasonable funeral expenses;
(c) the expenses for probate, administration and
other judicial expenses;
(d) the debts of the decedent;
(e) the legacies to the extent of the disposable one-
third;
(f) the distribution of shares among heirs; and
(g) unpaid dower.

Art. 136. Liability of heirs. — The liability of the heirs of

a decedent for the payment of the matter's debts
shall not exceed the hereditary estate. Each heir shall
be liable only for the payment of the
decedent's debt in proportion to his share.
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Surviving Heirs
Ascendant
h.h.s
TGF TGM

F M
Affinal Collateral
H W GS CS UB/US

S D GB CB

SS SD GPU CPU
Descendant
h.l.s
MEANING
The six [6] heirs who cannot be
excluded.
BLACK FONT 12 Qur’anic heirs (Sharers)
RED FONT / Male ‚Residuary(s)‛ – ROR
Residuary in Another ‚RAR‛
Female descendant +
Female collateral [RTA]
h.h.s Ascending line
h.l.s Descending line
However distant in degree
i. [G] i. Germane [Full-blood]
ii. [C] ii. Consanguine [Father
iii. [U] side]
iii. Uterine [Mother side]
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Basis for Determining the Share

DESCENDANTS
[Son- Son’s son- Daughter – Son’s Daughter+
S – SS – D –SD
WITHOUT Descendant 1st Share
WITH Descendant 2nd Share

QUR’ANIC HEIRS/ SHARERS SHARE

1st Share 2nd Share
Affinal
Husband H 1/2 ¼
Wife W ¼ 1/8

Ascendant
Father F R 1/6+R 1/6
*With *With
D/SD S/SS
True Grandfather TGF R 1/6+R 1/6
*With *With
-D/SD S/SS
-GS/CS
Mother M 1/3 1/6
*With only
1 brother or
sister of the
decedent
True Grandmother TGM 1/6 lone share
Descendant Number of Heads
Alone More
Daughter D ½ 2/3
Son’s Daughter SD ½ 1/6 or 2/3
Collateral
Germane Sister ½ 2/3
Consanguine Sister ½ 1/6 or 2/3
Uterine Brother 1/6 1/3
Uterine Sister
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Al Jabari Rule
a. Rule of line
 Descendant over Ascendant [S + F]
 Ascendant over Collateral [F + GB]
b. Rule of degree
 Nearest degree excludes the more remote
[S + SS]
c. Rule of the strength of blood tie
 Full-blood excludes the half-blood [GB + CB]
Art. 123. Exclusion among heirs. — The exclusion of
heirs from the inheritance shall be governed by the
following rules:
a. In the same line, the relative nearest in degree
excludes the more remote.
b. Full-blood relatives exclude the consanguine and
the uterine.
c. Whoever is related to the decedent through any
person shall not inherit while the latter is living,
except in the case of a mother concurring with
her children.
Art. 128. Preference among residuaries. —
Preference among residuaries shall be governed by
the following rules:
a. The residuary nearer in degree shall be preferred
to the more remote of the same class.
b. The residuary with full-blood relationship shall be
preferred to those of the half-blood of the same
degree of relationship in the same class.
c. The residuaries of the same class, degree and
blood relationship shall share equally, subject to
the rule of the male having a share double that
of the female in proper cases.
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Exclusion

DESCENDANT [S/SS….] DESCENDANT [D/SD….]

SON Collaterals *Daughter
Germane *Son’s daughter
Consanguine Collateral

SS - SD Uterine Uterines

ASCENDANT [F]
FF

FATHER
Collaterals
Germane
Consanguine
Uterine

ASCENDANT [TGF]

TRUE GRANDFATHER

Uterines ONLY!

NOT the Germane and

the Consanguine
(Brother or Sister)
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RTA
[Residuary Together with Another]
NOTE:
If a Germane Sister [GS] or Consanguine
Sister [CS] becomes RTA, she is as Brother [GB
or CB]. She has the power to take the
redidue and excludes other heirs.
Germane Sister [GS] or Consanguine Sister
[CS], becomes RTA once she survives with a
female descendant of the deceased person
such as the daughter or son’s daughter.

Example 1:
Heirs Shares Portions
ROP: 2
Daughter [D] 1/2 1
Germane Sister R 1
[GS]
Consanguine Excluded 0
Brother [CB]

Example 2:
Heirs Shares Portions
ROP: 3
2 Sons’s 2/3 2
Daughters [SD]
Consanguine R 1
Sister [CS]
Germane Excluded 0
Brother’s Son
[GB’S]
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Maximum 2/3
[Females Surviving Together]

A. Descendant

i. D + SD
1/2 + 1/6

ii. D + 2SD
1/2 + 1/6

iii. 2D + SD
2/3 + 0 [De facto excluded]

iv. 2D + 2SD
2/3 + 0 [De facto excluded]

B. Collateral

i. GS + CS
1/2 + 1/6

ii. GS + 2CS
1/2 + 1/6

iii. 2GS + CS
2/3 + 0 [De facto excluded]

iv. 2GS + 2CS

2/3 + 0 [De facto excluded]
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Divisor / ROP [Root of Problem]

1st 2nd ROP Allowed increase on ROP
kind kind *‘AWL+
1/2 1/3 6 7 8 9 10
1/4 2/3 12 13 14 15
1/8 1/6 24 27
RULES:
 Refer to the DENOMINATOR only!
a. 1st kind+1st kind = Greater Number
Example:1/2 +1/4 = 4

b. 2nd kind +2nd kind = Greater Number

Example:1/3 +1/6 = 6

c. 1st kind (2) + any of the 2nd kind (3 or 6) = 6

d. 1st kind (4) + any of the 2nd kind (3 or 6) = 12
e. 1st kind (8) + any of the 2nd kind (3 or 6) = 24

Solving method
BASIC CALCULATION:
A person died. He is survived by his father, mother and his
two (2) sons. He left a property worth P6000. Partition the estate.
Estate: P 6000 Heirs: F + M + 2S
Heirs Shares Portions New Net Share
ROP:6 Portions
ROP:
F 1/6 1x1000 - P1000
M 1/6 1x1000 - P1000
2S R 4x1000 - P4000/2000
Each
Estate: P6000 = 1000 per portion
6
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Cases

ASCENDANT
[F M TGM TGF]

Umaryatan [2:1] TGF Advantage Rule

a. Husband: 1-2-3 *Female: 2:1
b. Wife: 1-2-1 *Male: equal share
Al-Akdariyah
* TGF + 1GS[2:1]

AFFINAL COLLATERAL
[H W] [U] [G &C]
Divorced Person
*w/in Idda: (/) *Al Mukhtasar [G+C]
*After Idda: (X) *Al Himariya (GB + 2Ut.)
*Death Illness ( 1/3
Acknowledged Child
(Walad-un Li’an)

DESCENDANT
[S/SS/ D/SD]

*Doctrine of Ta’sib (2:1)

*Conceived child (Greater share)
*Hermaphrodite (Lesser share)
OTHER CASES:

* Blessed/Unlucky Brother [SS/CS] * Radd [ROP: -]

* Vested Interest [Double] * Aul [ROP: +]
* Simultaneous death
* Bequest [Non-Muslim]
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Umaryatan Case

A. [Decedent: Husband]
A person died survived by his father, mother, and
wife. Distribute his estate worth P120,000.00 among
the surviving heirs in accordance with their
apportioned shares.

SOLUTION:
Estate: P120,000.00
Heirs: F + M + W

Heirs Shares Portions Net Share

ROP:4
F R 2x30 000 P 60 000
M 1/3 R 1x30 000 P 30 000
W 1/4 1x30 000 P 30 000
E: P120,000.00 = P30 000/ Portion
4
Therefore, the estate worth P 120 000 shall be
partition among the qualified heirs in this manner:
 The father and the mother shall inherit the entire
residue with the application of doctrine of ta’sib
since the given problem is an Umaryatan case.
Hence, The former shall receive P60 000 twice
the share of the latter which P30 000; and

 The widowed wife is entitled to 1/4 share

amounting to P 30 000 since she survived
without any child of the decedent.
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B. [Decedent: Wife]
A person died survived by her father, mother and
husband. Distribute her estate worth P180,000.00
among her surviving heirs in accordance with their
apportioned shares.

SOLUTION:
Estate: P180,000.00
Heirs: F + M + H

Heirs Shares Portions Net Share

ROP:6
F R 2x30 000 P 60 000
M 1/3 R 1x30 000 P 30 000
H ½ 3x30 000 P 90 000

E: P180,000.00 = P30 000/ Portion

6
Therefore, the estate worth P 180 000 shall be
partition among the qualified heirs in this manner:
 The father and the mother shall inherit the entire
residue with the application of doctrine of ta’sib
since the given problem is an Umaryatan case.
Hence, The former shall receive P60 000 twice
the share of the latter which P30 000; and

 The husband is entitled to1/2 share amounting

to P 90 000 since she survived without any child
of the deceased wife.
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TGF Advantage Rule

person died leaving a daughter, wife (widow), a

grandfather, and a full brother. The hereditary estate
is P480,000.00. What is the share of each heir?
SOLUTION:

Estate: P480,000.00
Heirs: D + W + TGF + GB
Heirs Shares Portions New Portions Net Share
ROP:24 ROP:24x2=48
D 1/2 12 24x1 0000 P 240 000
W 1/8 3 6x1 0000 P 60 000
TGF 1/6 +R 4 P180 000/
R 18x10 000 90 000 each
GB R 5
E: P480,000.00 = P10 000/ Portion
48
Therefore, the estate worth P 480 000 shall be
partition among the qualified heirs in this manner:
 The lone daughter will get ½ of the whole
property valued P240 000;
 The wife shall receive 1/8 which is P 60 000 due
to the presence of the daughter;
 The TGF and the germane brother shall
therefore share together in the residue which
shall then divided to them per capita since the
case provided is a special case called Al-
himariya. With that, each shall inherit P 90 000.

Doctrine of [2:1]
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Musa died intestate leaving an estate worth

P240,000.00. At the time of his death, he was
survived by four (4) wives, two (2) sons and two
(2) daughters.
SOLUTION:
Estate: P240,000.00
Heirs: 4W + 2S + 2D
Heirs Shares Portions Portions Net Share
ROP:8 ROP:8X6=48
4W 1/8 1 6X P5 000 P 30 000/
P7,5000 each
2S P140 000/ P70
7 42X P5 000 000 each
R
2D P70 000/ P35
000 each
E: P240,000.00 = P5 000/ Portion
48

Conceived/Foetus
Husband died intestate. At the time of his death,
he was survived by his pregnant wife, son and a
daughter and two (2) daughters. He had left a
property worth P200,000.00.
SOLUTION:
Estate: P240,000.00.
Heirs: Conceived W + S + D
Heirs Shares Portions Portions Net Share
ROP:8 ROP:8X5=40
Wc 1/8 1 5X P5 000 P 25 000
2S P140 000/ P70
7 35X P5 000 000 each
R
D P35 000
E: P200,000.00 = P5 000/ Portion
40

Hermaphrodite
 26

Wife died intestate. She was survived by his

husband, son, daughter and al-kunta child. She
had left a property worth P200,000.00.

SOLUTION:
Estate: P320,000.00.
Heirs: H + S + D+ Al Kunta

Heirs Shares Portions Portions Net Share

ROP:4 ROP:4X4=16
H 1/8 1 4X P20 000 P 80 000
S P120 000
2D 3 12X P20 000 P120 000/ P60
R
000 each
E: P320,000.00 = P80 000/ Portion
4

Acknowledged Child
Abdullah is a salesman. He married Amina. After six
months, Amina was pregnant. Abdullah suspected
Amina to be unfaithful to him. He charged Amina of
having a love affair with her former boyfriend. Being
always away on business he could not admit that he
is the father of the child in Amina’s womb. Amina
denied the charges of Abdullah. This resulted to their
divorce by li’an. After nine months Amina gave birth
to a child and was named Hamza. Meantime,
Abdullah contacted serious illness which caused his
death. But before he died, he retracted his vow and
recognized Hamza as his son. Abdullah is survived by
his son Hamza, his wife, Amina, his father Omar and
his full brother Amir. Abdullah left an estate valued at
P80, 000.00 and debts in the sum of P20, 000.00.
 27

SOLUTION:
Estate: P60,000.00.
Heirs: S + F + GB

Heirs Shares Portions Net Share

ROP:6
S R 1X P10 000 P 10 000
F 1/6 5X P10 000 P50 000
GB Excluded X X
E: P60,000.00 = P10 000/ Portion
6

Divorced Person

Abdul Karim divorced his wife Salima while he was in

a state of death illness (marad ul-maut), Abdul Karim
later died while Salima was observing idda. He left an
estate in the amount of Php. 240,000.00, and is
survived by son Hamad and daughter Shalma.

SOLUTION:

Estate: P240,000.00.
Heirs: W + S + D

Heirs Shares Portions New Portions Net Share

ROP:8x3 ROP:24

w 1/8 1 3x10 000 P 30 000

S 14x 10 000 P140 000
R
D 7 21 7x 10 000 P70 000
E: P240,000.00 = P10 000/ Portion
24
Al-Akdariyah
 28

A woman dies leaving her husband, Mother,

Grandfather and German Sister.
SOLUTION:
Estate: P270,000.00
Heirs: H + M + TGF + GS

Heirs Shares Portions New Corrected Net Share

ROP:6 Portio Portions
ns ROP:9X3=27
ROP:9
H ½ 3 3 9x P10 000 P 90 000
M 1/3 2 2 6x P10 000 P 60 000
TGF 1/6 1 P 80 000
GS ½ 3 R 4 12x P10 000 P 40 000
E: P270,000.00 = P10 000/ Portion
27
Al-Mukhtasar
A person died leaving an estate valued at
P300,000.00 at the time of her death, she was
survived by her half-brother and two (2) full-sisters.
Compute and distribute their respective shares.
SOLUTION:
Estate: P300,000.00
Heirs: CB + 2GS
Heirs Shares Portions Net Share
ROP:3
CB R 1X P100 000 P100 000
2GS 2/3 2X P100 000 P200 000/P100 000
each
E: P300,000.00 = P100 000/ Portion
3
Al-Himariyah
 29

A wife died leaving an estate valued at P180,000.00

at the time of her death, she was survived by her
husband, mother, two uterine brothers and full
brother. Compute and distribute their respective
shares.
SOLUTION:
Estate: P180,000.00
Heirs: H + M + 2UB + GB

Heirs Shares Portions Corrected Net Share

ROP:6 Portions
ROP:6X3=18
H ½ 3 9x P10 000 P 90 000
M 1/6 1 3x P10 000 P 30 000
2UB 1/3 P 40 000/
2 6x P10 000 P 20 000
each
R
GB R 0 P 20 000

E: P180,000.00 = P10 000/ Portion

18

Blessed Brother
A person died leaving an estate valued at
P360,000.00. She was survived by her husband, two
(2) daughters, son’s daughter and son’s son.

SOLUTION:
Estate: P360,000.00
Heirs: H + 2D + SD + SS

Heirs Shares Portions Corrected Net Share

ROP:12 Portions
 30

ROP:12X3=36
H ¼ 3 9X P10 000 P 90 000
2D 2/3 P 240 000/
8 24X P10 000 P 120 000
each
SD P10 000
R 1 3X P10 000
SS P20 000
E: 360, 000.00 = P10 000/ Portion
36

Unblessed Brother
A person died leaving an estate valued at
P360,000.00. She was survived by her husband, full-
sister, consanguine sister and consanguine brother.

SOLUTION:
Estate: P360,000.00
Heirs: H + GS + CS + CB
Heirs Shares Portions Net Share
ROP:2
H 1/2 1x 180 000 P 180 000
GS 1/2 1 x 180 000 P 180 000

CS
R 0 0
CB
E: 360, 000.00 = P180 000/ Portion
2

Aul [Reduction]
Yusoph died leaving a gross estate worth P270,000.00.
At the time of his death, he was survived by the
following relatives: a wife, mother, mother’s mother,
father, father’s father, daughter, son’s daughter, full
 31

sister, consanguine sister, uterine brother and an

adopted son.
SOLUTION:
Estate: P270,000.00
Heirs: W+ M+ MM +F+ FF+D+SD+GS+CS+UB+
Adopted Son
Heirs Shares Portions New Portions Net Share
ROP:24 ROP:27
W 1/8 3 3X P10 000 P 30 000
M 1/6 4 4 X P10 000 P 40 000
F 1/6+R 4+0 4X P10 000 P 40 000
D ½ 12 12X P10 000 P 120 000
SD 1/6 4 4XP10 000 P 40 000
E: 270, 000.00 = P10 000/ Portion
27
Vested Interest
A person died leaving a son, a daughter, a
consanguine brother. The hereditary estate is P600,
000.00. Before settlement and partition of said estate,
the son died. If you were a Judge, how should you
distribute the estate applying related rules?
SOLUTION:
Estate: P270,000.00
1ST Heirs: = S + D + CB
Heirs Shares Portions New Portions Share
ROP:3 ROP:27
D 1 1X P90 000 P90 000
R
S 2 2X P90 000 P180 000
E: 270, 000.00 = P90 000/ Portion
3
2nd Heirs = GS + CPU
 32

Estate: P180,000.00
Heirs Shares Portions Share
ROP:2
GS ½ 1X90 000 P90 000
CPU R 1X90 000 P90 000
Estate: P180,000.00 = P 90 000
2
Simultaneous Death
Mohammad and Zaid, father and son, respectively,
boarded a plane bound for Singapore. The plane
crashed killing all the passengers including
Mohammad and Zaid. No evidence was available to
prove as to who of the two died first. At the time of
their death, they left substantial property, and were
survived by the following relatives: (1) Rakma,
Mohammad’s wife and Zaid’s mother, (2) Latipa,
Mohammad’s daughter and Zaid’s sister and, (3)
Zainab, Mohammad’s daughter- in-law and Zaid’s
wife.
SOLUTION:
Estate: P270,000.00
Heirs: Father = W + D + Zaid’s wife
[Daughter in law]
Son =M + GS + W
First Case:
Heirs Shares Portions New Portions
ROP:8 ROP:8
W 1/8 1 1
D ½ 4 4+3

2nd Case:
 33

Heirs Shares Portions New Portions

ROP:12 ROP:13
M 1/3 4 4
GS ½ 6 6
W ¼ 3 3

Bequest by Operation of Law

Husband died intestate leaving a son, a daughter
and his two (2)wives; one of whom is a Christian. The
hereditary estate is P800, 000.00.
SOLUTION:
Estate: P800,000.00
Heirs: S + D + 2W

Heirs Shares Portions New Portions Net Shares

ROP:8 X3 ROP: 24
D P 233,333.333
R 7X100 000 P700 000
S P 466,666667
WM P 50 000+ P 83 333. 333
1/8 1X100 000 P 33,333.33
WX P 50 000/3 P 16, 666. 667

E: 800, 000.00 = P100 000/ Portion

8
WX: P50 000 = P 16, 666. 667; Residue: P 33,333.33
3

Radd [Reversion]
 34

A husband dies without a child. His only heirs are his

wife and a full sister and a true grandmother. The
estate is P6, 000,000.00.

SOLUTION:
Estate: P6,000,000.00
Heirs: W + GS + TGM

Heirs Shares Portions Net Shares Final Shares

ROP:12
W 1/4 3X500 000 P1 500 000 P1 500 000
GS 1/2 6X500 000 P3 000 000+ P3 375 000
P 375 000
TGM 1/6 2X500 000 P1 000 000+ P 1 125 000
P 125 000
Residue: 1x 500 000= P500 000

E: P6 000 000 = P1 000 000= P500 000/Portion

12(6.2) 2

Residue: P500 000

Heirs Shares Portions New Portions Shares

ROP:6 ROP:4
GS 1/2 3 3X125 000 P 375 000
TGM 1/6 1 1X125 000 P 125 000

Residue: P500 000 = P125 000/Portion

4
 35

Special Cases
UMARYATAN
1. W F M
2. H F M
BLESSED BROTHER
1. H 2D SD SS
2. W 2D 3SD SS
3. M 2D SD SS
4. F 2D SD SS
5. W 2GS CS CB
6. US 2GS CS CB
7. UB 2GS CS CB
8. M 2GS CS CB
UNLUCKY BROTHER
1. H M F D SD SS
2. H M UB GS CS CB
3. H M US GS CS CB
4. H M GS CS CB
5. H GS CS CB
6. H UB GS CS CB
7. H US GS CS CB
8. H 2UB GS CS CB
9. H 2US GS CS CB
10. H US UB GS CS CB
11. W UB GS CS CB
12. W M US GS CS CB
13. W M 2UB GS CS CB
14. W M 2US GS CS CB
15. W M US UB GS CS CB

AL AKDARIYA
H M PGF GS
 36

UMARIA/AL HIMARIYA/AL HAJARIA OR STONE CASE

1. H M 2UB GB
2. H M UB US GB
3. H M 2US GB
4. H M 2UB 2GB
5. H M 2US 2GB
6. H M 2UB GB GS
7. H M UB US GB GS
8. H M 2US GB GS
9. H M 2UB 2GB GS
10. H M 2US 2GB GS
11. H M 2UB CB
12. H M UB US CB
13. H M 2US CB
AL MUKHTASAR
1. GB CS
2. GB CB
3. GB CS CB
4. GB GS CS
5. GB GS CB
6. GB GS CB CS
7. GS CS
8. GS CB
9. GS CS CB