EDGAR ALLAN C.

ALOTA

INTESTATE SUCCESSION

1. Estate of W= 1Million

Heirs:

A and B siblings of W, C and D children of Y, a sister of W who predeceased W

Distribute the estate & cite the law/s applicable

Under Art. 975. When children of one or more brothers or sisters of the deceased survive, they shall
inherit from the latter by representation, if they survive with their uncles or aunts. But if they alone
survive, they shall inherit in equal portions.

The Civil Code provides that the estate of the decedent is first distributed to the ascendants, in the
absence of ascendants, estate is distributed to the descendants, and the absence of both the ascendants
and descendants, the estate should be distributed to the collateral relatives of the decedent.

In this case, since, W has no ascendants and descendants, his estate will be distributed equally among
his siblings A, B and the children of his predeceased sister Y by right of representation in the person of C
and D. Thus:
Share of A (1/3) = 333,333.33
Share of B (1/3) = 333,333.33
Share of C and D (1/3)= 333,333.33 or C 166,667 and D 166,667

2. Estate of W= 1 Million
Heirs: A and B nephews of W, C, D and E nieces of W. Distribute the estate and cite applicable
law/laws
Under Art. 975. When children of one or more brothers or sisters of the deceased survive, they shall
inherit from the latter by representation, if they survive with their uncles or aunts. But if they alone
survive, they shall inherit in equal portions.

Hence, A, B, C, D and E get 200,000 each.

3. Estate of W= 1 Million
Heirs: A, B and C legitimate children(first marriage) D, legitimate child (2 nd marriage)
Under Art. 980. The children of the deceased shall always inherit from him in their own right, dividing the
inheritance in equal shares.
In this case, even if the children come from different marriages, for after all, the dead parent is the common parent.
Thus the estate will be divided equally among A, B, C and D.

4. Estate of W= 1 Million
 Heirs: A and B legitimate sons C, legitimate son of D who predeceased W, E, illegitimate child of D
who predeceased W

Under Article 983 of New Civil Code of the Philippines, if illegitimate children survive
with legitimate children, the shares of the former shall be in the proportions prescribed by
Article 895. Article 895 states that the share of each illegitimate child is half that of a legitimate
child.
Hence, A and B are legitimate sons of W, C is a legitimate son of D, who predeceased W,
E is an illegitimate child of D, who predeceased W. The estate should be divided as follows:
A and B, being legitimate sons, will receive equal shares; C, being a legitimate son of a
predeceased legitimate son (D), will inherit by right of representation; E, being an illegitimate
child, will receive half the share of what a legitimate child would receive.
Share of A: 1/3 × 1,000,000 = 333,333.33
Share of B: 1/3 × 1,000,000 = 333,333.33
Share of C and E (together): 1/3 × 1,000,000 = 333,333.33

5. Estate of W= 1 Million

Heirs:

A and B leg. sons of W, D and E illeg sons of W

Art. 983. If illegitimate children survive with legitimate children, the shares of the former shall be in the proportions
prescribed by Article 895.

Art. 895. The legitime of each of the acknowledged natural children and each of the natural children by legal fiction
shall consist of one-half of the legitime of each of the legitimate children or descendants.

The legitime of an illegitimate child who is neither an acknowledged natural, nor a natural child by legal fiction,
shall be equal in every case to four-fifths of the legitime of an acknowledged natural child.

Share of A (legitime) 250,000

Share of B (legitime) 250,000
Share of D (4/5 of share of legitime) 200,000
Share of E (4/5 of share of legitime) 200,000
Free Portion 100,000

6. Give the instances when the principle of Right of Representation is applicable.

1. The right of representation takes place in the direct descending line, but never in the ascending. (Art. 972).
2. In the collateral line, the right of representation takes place only in favor of the children of brothers or sisters,
whether they be of the full or half-blood. (Art. 972).
3. Should brothers and sisters of the full blood survive together with brothers and sisters of the half-blood, the
former shall be entitled to a share double that of the latter. (Art. 1006).
4. Should there be more than one ascendant of equal degree belonging to the same line, they shall divide the
inheritance per capita; should they be of different lines but of equal degree, one-half shall go to the paternal and the
other half to the maternal ascendants. In each line, the division shall be made per capita
5. Note that to the rule of equal division, we find at least
three exceptions:
1) division in the ascending line
 2) division between relatives of the full and halfblood
3) division in cases of representation

7. Estate of W= 1M

Heirs: A, B, C and D all illeg children of W

Under Article 988 of the New Civil Code provides that in the absence of legitimate descendants or
ascendants, the illegitimate children shall succeed to the entire estate of the deceased.

Hence, A, B, C, and D will get 250,000 each.

8. Estate of W= 900k

A, B and C illeg children, D illeg child of E who pre-deceased W

Under Art. 989 of the New Civil Code which provides that if, together with illegitimate children, there
should survive descendants of another illegitimate child who is dead, the former shall succeed in their
own right and the latter by right of representation.

Hence, A, B and C will get 250,000 each as their share from the 1,000,000 estate of W. D will also get
250,000 which is the share of E which he represents

9. Estate of W= 1M

Heirs: A and B full sisters of W, C and D half brothers of W

Under Art. 1006. Should brothers and sisters of the full blood survive together with brothers and sisters
of the half blood, the former shall be entitled to a share double that of the latter.

Hence, both A and B get 333,333.33 each. Both C and D get 166,666.66
(Refer to above diagram)

10. A has a legitimate child B, and an illegitimate child C. B has a legitimate child D and an illegitimate
child E. C has a legitimate child F and an illegitimate child G.
Problem: If B and C predecease A and the surviving are the 4 grandchildren, will they inherit intestate
from A. State your reasons by citing applicable law/s or jurisprudence.
If B and C predecease A, and surviving are the 4 grandchildren.

Under Art. 992. An illegitimate child has no right to inherit ab intestato from the legitimate children and
relatives of his father or mother; nor shall such children or relatives inherit in the same manner from the
illegitimate child.

D can represent his father B, because a legitimate child B can be represented by his own legitimate child
D.

E cannot represent B in the succession from A’s estate. Reason: An illegitimate child (E) has no right to
inherit ab intestato from the legitimate children and relatives (A) of his father (B) or vice versa. (Art.
992). There is INDEED A BARRIER

11. A has a legitimate child B, and an illegitimate child C. If B dies survived by nobody except C, will C
inherit intestate from B?

No, because of the barrier.

Under Art. 992. An illegitimate child has no right to inherit ab intestato from the legitimate children and
relatives of his father or mother; nor shall such children or relatives inherit in the same manner from the
illegitimate child.

12. Estate= 1M

Heir: Surviving Spouse only

Under Art. 995. In the absence of legitimate descendants and ascendants, and illegitimate children and
their descendants, whether legitimate or illegitimate, the surviving spouse shall inherit the entire estate,
without prejudice to the rights of brothers and sisters, nephews and nieces, should there be any, under
Article 1001.

Hence, the surviving spouse gets the entire estate of 1,000.

13. Estate of W = 1 M

Heirs: Surviving spouse, 2 leg. sisters of W

Under Art. 1001. Should brothers and sisters or their children survive with the widow or widower, the
latter shall be entitled to one-half of the inheritance and the brothers and sisters or their children to the
other half.

Hence, surviving spouse gets 500,000. 2 legitimate sisters get 250,000 each.

14. Estate of W= 1 M

Heirs: Surviving Spouse, 1 leg sister, 2 nieces of A leg brother of W who predeceased W

Under Art. 1001. Should brothers and sisters or their children survive with the widow or widower, the
latter shall be entitled to one-half of the inheritance and the brothers and sisters or their children to the
other half.

Hence, the surviving spouse gets 500,000. 1 legitimate sister gets 250,000. The two nieces shall get
125,000 each

15.
The legitime of the illegitimate children shall be taken from the portion of the estate at the free disposal of the
testator, provided that in no case shall the total legitime of such illegitimate children exceed that free portion, and
that the legitime of the surviving spouse must first be fully satisfied.

Hence, E gets P500,000. W gets P250,000. F gets P250,000