Rowena B.

Gallego
SUCCESSION
Atty. Fretti G. Ganchoon

HOMEWORK
Surviving Compulsory Heirs Legitime Legal Basis
Legitimate Children /
1 Descendants only 1/2 of the estate Art. 888 of Civil Code

Legitimate Parents / 1/2 of the estate Art. 889 of Civil Code

2
Ascendants only * equal sharing if both survives Art. 890 (par. 1)

1/2 of the estate

* 1/3 if the marriage is
in articulo mortis and
the testator died w/in
3 Widow / Widower only 3 months from time of Art. 900 of Civil Code
marriage
* expn: if they are living
as husband & wife for
more than 5 years - 1/2

Illegitimate Children/
4 1/2 of the estate Art. 901 of Civil Code
Descendants only

5 Illegitimate Parents only 1/2 of the estate Art. 903 of Civil Code

Legitimate Children 1/2 of the estate

Illegitimate Children Each illegitimate child gets Art. 176, Family Code
6
1/2 of the share of each or Art. 895, as amended
legitimate child

Legitimate Child 1/2 of the estate

7
Widow / Widower 1/4 of the estate Art. 892 (1), Civl Code

Legitimate Children 1/2 of the estate

8 Widow/Widower share equivalent to legitime Art. 892 (2), Civl Code
of each legitimate child

Legitimate Child 1/2 of the estate

Widow / Widower 1/4 of the estate Art. 892 (1), Civil Code
9 Illegitimate Child / Each illegitimate child gets Art. 897 / 898
Children 1/2 of the share of each
legitimate child

Surviving Compulsory Heirs Legitime Legal Basis

Legitimate Children 1/2 of the estate

share equivalent to legitime
Widow / Widower
of each legitimate child Art. 892(2), Civil Code
10
Each illegitimate child gets Art. 898 / 897
Illegitimate Child/Children 1/2 of the share of each Art. 176, Family Code
legitimate child
 Legitimate Parents 1/2 of the estate Art. 889 of Civil Code
11
Widow / Widower 1/4 of the estate Art. 893 of Civil Code

Legitimate Parents 1/2 of the estate Art. 889 of Civil Code

12
Illegitimate Child/Children 1/4 of the estate Art. 896 of Civil Code

Legitimate Parents 1/2 of the estate

13 Illegitimate Child/Children 1/4 of the estate Art. 899 of Civil Code
Widow / Widower 1/8 of the estate

Widow / Widower 1/3 of the estate

14 Art. 894 of Civil Code
Illegitimate Child/Children 1/3 of the estate
Widow / Widower 1/4 of the estate
15 Illegitimate Parents 1/4 of the estate Art. 903 of Civil Code

Legitimate Parents 1/2 of the estate Art. 39, Child and

16
Adopted Child 1/4 of the estate Welfare Youth (P.D. 603)