Art. 39, P.D. 603 - Effects of Adoption.

- The adoption shall:

1. Give to the adopted person the same rights and duties as if he

were a legitimate child of the adopter: Provided, That an adopted
child cannot acquire Philippine citizenship by virtue of such
adoption;

2. Dissolve the authority vested in the natural parent or parents,

except where the adopter is the spouse of the surviving natural
parent;

3. Entitle the adopted person to use the adopter's surname; and

4. Make the adopted person a legal heir of the adopter:

▪ Provided, That if the adopter is survived by legitimate parents or

ascendants and by an adopted person, the latter shall not have more
successional rights than an acknowledged natural child

▪ Provided, further, That any property received gratuitously by the

adopted from the adopter shall revert to the adopter should the
former predecease the latter without legitimate issue unless the
adopted has, during his lifetime, alienated such property

▪ Provided, finally, That in the last case, should the adopted leave no
property other than that received from the adopter, and he is survived
by illegitimate issue or a spouse, such illegitimate issue collectively or
the spouse shall receive one-fourth of such property; if the adopted is
survived by illegitimate issue and a spouse, then the former
collectively shall receive one-fourth and the latter also one-fourth, the
rest in any case reverting to the adopter, observing in the case of the
illegitimate issue the proportion provided for in Article 895 of the Civil
Code.

*** The adopter shall not be a legal heir of the adopted person, whose
parents by nature shall inherit from him, except that if the latter are both
dead, the adopting parent or parents take the place of the natural parents
in the line of succession, whether testate or interstate.

Legitime and shares from the free portion of the estate

A. Legitimate children of the testator

➢ ½ of the hereditary estate to be divided equally among the
legitimate children (Art. 888, NCC) irrespective of whether they
survive alone or with concurring compulsory heirs
B. Legitimate Parents
➢ ½ of the estate goes to the legitimate parents to be divided
equally between (Art. 889 & 890, NCC) whether they survive
alone or concur with illegitimate children and surviving spouse

C. Ascendants of equal degree of the paternal and maternal lines, if

testator has no child or leaves neither father or mother
➢ ½ of the estate to be divided equally between them.
➢ It pertains entirely to the ones nearest in degree of either line
(Art. 890, NCC)

D. One (1) legitimate child and surviving spouse

➢ ½ of the estate (legitime) goes to the legitimate child
(Art. 888, NCC)
➢ ¼ of the estate (free portion) goes to the surviving spouse
(Art. 892, NCC)

E. Two (2) or more legitimate children and surviving spouse

➢ ½ of the estate (legitime) to be divided among the legitimate
children (Art. 888, NCC)
➢ surviving spouse gets a share (from the free portion) equal to
the legitime of each of the legitimate children (Art. 892, NCC)

F. Legitimate parents and surviving spouse

➢ 1/2 of the estate (legitime) goes to the legitimate parents
(Art. 889 & 890, NCC)
➢ ¼ of the estate (free portion) goes to the surviving spouse
(Art. 893, NCC)

G. Illegitimate children and surviving spouse

➢ 1/3 of the estate (legitime) goes to the illegitimate children
➢ 1/3 of the estate (legitime) goes to the surviving spouse
(Art. 894, NCC)

H. Legitimate and illegitimate children

➢ ½ of the hereditary estate (legitime) to be divided equally
among the legitimate children (Art. 888, NCC)
➢ each illegitimate child gets a share (from the free portion) equal
to ½ of the legitime of each of the legitimate children (Art. 895,
NCC)

** 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 reduction.
 I. Legitimate parents and illegitimate children
➢ ½ of the estate (legitime) goes to the legitimate parents
(Art. 889, NCC)
➢ ¼ of the estate (free portion) goes to the illegitimate children
(Art. 896, NCC)

J. Legitimate and illegitimate children and surviving spouse

➢ ½ of the estate (legitime) to be divided among the legitimate
children (Art. 888, NCC)
K. Legitimate parents, illegitimate children and surviving spouse
➢ ½ of the estate (legitime) to be divided equally between the
legitimate parents (Art. 889 & 890, NCC)
➢ ¼ of the estate (free portion) goes to the illegitimate children
➢ 1/8 of the estate (free portion) goes to the surviving spouse
(Art. 899, NCC)

L. Surviving Spouse
➢ ½ of the estate (legitime) goes to the surviving spouse
o The share is reduced to 1/3 of the estate in the case of
articulo mortis and the testator died w/in 3 months from its
solemnization (Art. 900, NCC)

M. Illegitimate children
➢ ½ of the estate (legitime) goes to the illegitimate children
(Art. 901, NCC)

N. Illegitimate parents
➢ ½ of the estate (legitime) of the illegitimate child (Art. 903,
NCC)

O. Illegitimate parents and surviving spouse of the illegitimate child

➢ ¼ of the estate (legitime) goes to the illegitimate parents
➢ ¼ of the estate (legitime) goes to the surviving spouse
(Art. 903, NCC)

LEGITIME - that part of the testator’s property which he cannot dispose of

because the law has reserved it for certain heirs who are, therefore, called
compulsory heirs.

WHO ARE CONSIDERED COMPULSORY HEIRS

A. Legitimate children and descendants with respect to their

legitimate parents and ascendants
B. In default of the foregoing, legitimate parents and ascendants, with
respect to their legitimate children and descendants
C. The widow or widower
D. Illegitimate children
** Like in intestate succession, the existence of heirs in the descending
line excludes the heirs in the ascending line. Also, the existence of
ascendants or descendants does not exclude the deceased’s
legitimate spouse from succession.

*** Moreover, with respect to heirs in the direct ascending or descending

line, the relative nearest from the deceased shall exclude the others in
that line.

RESERVA TRONCAL – reservation established by law for the benefit of

certain relatives within the 3rd degree who belong to the line from which the
property came

PURPOSE – to return a property which has somehow strayed from

one family to another back to the same family from where it originally came