1.

Any class alone

Survivors

Share
Whole estate

Division
Rule of proximity (Art. 962)

2. (a) Legitimate Children

Whole estate excluded

Rule of proximity (Art. 962)

3. (a) Legitimate Children

Concurrence or
Exclusion Theory

Concurrence theory satisfy their

legitimes and then distribute the
disposable portion, if any pro-rata
(10:5)
(Arts. 895, 983, 996, 999 CC
Art. 176 2nd sentence FC)

4. (a) Legitimate Children

Surviving spouse
entitled to same share
or each legitimate child

5. (a) Legitimate Children

Concurrence or
Exclusion theory

(b) Legitimate Parents

(b) Illegitimate Children

(b) Surviving Spouse

(b) Illegitimate Children

(c) Surviving Spouse

6. (a) Legitimate Parents

(b) Illegitimate Children

Note: The legitime of

each illegitimate child
shall consist of of the
legitime of a legitimate
child (Art. 176 FC)

Exclusion theory satisfy their

legitimes, and then give the disposable
portion, if any, to the preferred heir in
the order of intestate succession
(Arts. 895, 961, 983, 996, 999 CC)

If decedent is an illegitimate person,

his natural parents are excluded by
presence of illegitimate child. (Art.
991)

7. (a) Legitimate Parents

8. (a) Legitimate Parents

9. (a) Illegitimate Children

(Art. 998)

10. (a) Surviving Spouse

(Art. 1001)

11. Collaterals

Whole estate

(Arts. 1003-1010)
Principle of proximity

12. State

Whole estate

(Arts. 1011-1014)
Escheat proceedings.
Rule 92, Rules of Court

(b) Surviving Spouse

(b) Illegitimate Children

(c) Surviving Spouse

(b) Surviving Spouse

(b) Brothers and sisters,

nephews and nieces

Same share even if decedent is an

illegitimate person
(Art. 997)
(Art. 1000)

TABLE OF INTESTATE SUCCESSION UNDER THE FAMILY CODE