TABLE OF

LEGITIMES
SURVIVING HEIRS LEGITI SHARIN
ME G
1. Legitimate Child or One-half (1/2) of the Net If there are two or more
children, legitime shall be
children only Estate (Art. 888, NCC)
divided equally (Art. 980,
NCC)
2. Legitimated and One-half (1/2) of the Net In relation to the adopter,
adopted child has the same
Adopted Child Estate
rights as legitimate child (RA
No. 11642, Domestic
Administrative Adoption and
Alternative Child Care Act)
Legitimated likewise has the
same rights as legitimate
child (Art. 179, FC)
3. Legitimate Children One-half Divided
legitimate equally
children. among the
and Surviving Spouse Children (1/2) – Legitimate The spouse
will have the same share as a child
Equal Legitime of Each Child (Art. 892, NCC)
to the Spouse.
– Surviving

The
will share of the after
be given surviving spouse
giving the
children ½ - taken therefore
from the free
portion.

4. One Legitimate
Surviving SpouseChild and One-half (1/2) – Legitimate Child The
even surviving
if there is spouse may inherit
legal separation IF
he or she is the INNOCENT
One-fourth (1/4) – Surviving SPOUSE (Art. 982,
NCC)
Spouse

5. Legitimate Children and One-half

Illegitimate (1/2) equally
Children divided – Legitimate
(Art. 888, 2:1 forthus, oneLegitimate-
Illegitimate; illegitimate
Children NCC) child will get ½ of the share of one
legitimate child (Art. 176, FC).
An
the illegitimate
share of onechild will get ½ of
legitimate
child.

6. Legitimate Parents and One-half (1/2) – Legitimate

Parents and One-fourth (1/4)
Surviving Spouse
– Surviving Spouse (Art. 893,
NCC)
7. Surviving Spouse and One-Third (1/3) – Surviving
Illegitimate Children Spouse; and,
One-Third (1/3) – Illegitimate
Children (Art. 894, NCC)
8. Illegitimate
One Legitimate Child,
Children and One-half (1/2) – Legitimate Child 2:1 forthus, oneLegitimate-
Illegitimate; illegitimate
Surviving Spouse One-fourth child will get ½ of the share of one
Spouse (Art.(1/4)
892, –NCC)
Surviving legitimate child and will be taken
from the Free Portion) Art. 895,
NCC and Art. 176, FC)
One-fourth (1/4) – Illegitimate
Child (Art. 176, FC)

1
9. Illegitimate
LegitimateChildren
Children,
and One-half
Children (1/2) – Legitimate The surviving
preferred over spouse’s share of
the share is
Surviving Spouse illegitimate children (Art. 895,
The share NCC)
1 share of of the spouse isChild
a Legitimate equaland
to
should be taken from the free If the remaining
portion (Art. 892, NCC) enough after givingportion is not
the share of
the legitimate children and the
The legitime spouse, the illegitimate shall
children is ½ ofofthethe illegitimate
legitime of the divide the balance Pro Rata (Art.
legitimate 895, NCC)
children (Art. 176, FC)

10. Legitimate
Parents One-half (1/2) (Art. 889, NCC)
alone
11. Legitimate Parents and One-half (1/2) – Legitimate
Illegitimate Children Parents, and,

One-fourth (1/4) Illegitimate

Children (Art. 896, NCC)
12. Legitimate
Illegitimate Parents,
Children One-half (1/2) – Legitimate Parents
and Surviving Spouse

One-fourth
and, (1/4) – Illegitimate Children;

One -eight (1/8) – Surviving

Spouse (Art. 899, NCC)
(1) The spouse inherits
the marriage even so
is voidable if
13. Surviving Spouse Alone One-half (1/2) (Art. 900, NCC) long as the marriage is not
annulled before the death
of the other spouse;
(2) If
JUDGMENTthere is of FINAL
legal
separation, the
offending spouse is
disqualified. There is no
disqualification if there
is still no decision.

14. Illegitimate
Children One-half (1/2) (Art. 901, NCC) Divided Equally.