1

computations for the legitimes of each compulsory heir?

LC- legitimate child, SS-surviving spouse, IC-illegitimate child,LPlegitimate parents
LC alone of the estate.
LC and SS
LC: of the estate;
SS: a share equivalent to 1 child.
1LC and SS
LC: of the estate;
SS: of the estate.
LC and Illeg C
LC: of the estate;
IC: share of 1LC.
LC, IC, and SS
LC: of the estate;
IC: of share of 1LC;
SS: a share equal to 1LC (the share of SS is preferred over those of the
IC which shall be reduced if necessary).
1LC, IC and SS
LC: of the estate
IC: of share of 1LC;
SS: (preferred) of the estate.
LP alone
of the estate.
LP and IC
LP: of the estate;
IC: of the estate.

LP and SS
LP: of the estate;
SS: of the estate.
LP, IC and SS
LP: of the estate;
IC: of the estate;
SS: 1/8 of the estate.
SS alone
of the estate (1/3 of the estate if marriage is in articulo mortis; of
the estate if living together for 5 years).
SS and IC
SS: 1/3 of the estate;
IC: 1/3 of the estate.
SS and IP
SS: of the estate;
IP: of the estate.
IC alone
of the estate.
IP alone
of the estate.

LEGITIME OF
(TESTACY)

SURVIVNG SPOUSE

Concurring Heirs

Legitime

IN TESTAMENTARY SUCCESSION

Free Portion Article

Spouse alone

; 1/3;

Spouse

1 leg. Child

Spouse
Same share of 1 leg. Remainder
2 or more leg. child
children

Spouse
Same share of 1 leg. Remainder
child
Leg. Children

Illeg. Children
Remainder not to
exceed free portion

Art.
900
Art.
892
Art.
898
Art.
897
Art.
895
Art.17
6, FC.
1

Spouse
Leg. Parents

Spouse
Illeg. Parents
Spouse
Illeg. Children
Spouse
Leg. parents
Illeg. Children

1/3
1/3
1/8

Spouse

Brothers
and None
sisters, nephews
and nieces

Arts.8
89 &
893
Art.
903

1/3

Art.
894

1/8

Art.
899
{Cf.
Art
1000}
Art.
900

LEGITIMES OF CHILDREN/PARENTS AS SOLE HEIRS IN TESTAMENTARY

SUCCESSION (TESTACY)

Heirs

Share

Article

Alone

Free
Portion

Legitimate
child/children
Illegitimate
child/children

Alone

Article 901

Article 888

1
Applies if free portion is sufficient, otherwise, free portion will be divided equally. (Unless otherwise specified by the
testator, sharing in the available free portion is equal [Article 846].
2
Reason:: They are not compulsory heirs. Hence, they are not entitled to legitime. They can become heirs only in
intestat4e succession (Article 1001 and 994) or if designated as devisees or legatees, i.e. as voluntary heirs.

Legitimate parents
Illegitimate parents

Alone
Alone

Article 889
Article 903

LEGITIMES OF ILLEGITIMATE CHILDREN/LEGITIMATE

CHILDREN IN TESTAMENTARY SUCCESSION (TESTACY)

Heirs
Legitimate
parents
Illegitimate
children
Legitimate
children
Illegitimate
Children
Illegitimate
children
Illegitimate
parents

Share

PARENTS

Free Portion Article

Arts.
888 &
896

Remainder,
of share of 1 leg. if any
child

Arts.
176(FC
)

None
excluded)

Art.
903

(being

OR