TABLE OF LEGITIME

LEGITIMATE TESTATOR ILLEGITIMATE TESTATOR

1. Legitimate children and their legitimate 1. Legitimate children and their legitimate
descendants descendants
2. Legitimate parents and their legitimate 2. Illegitimate parents only (No other ascendants)
ascendants 3. Surviving spouse
3. Surviving spouse 4. Illegitimate children and their descendants
4. Illegitimate children and their descendants whether legitimate or illegitimate
whether legitimate or illegitimate
POSSIBLE COMBINATIONS IN THE SURVIVAL OF COMPULSORY HEIRS
PARAGRAPH 1
1-3 1-3

a.One legitimate child and the surviving spouse a.One legitimate child and the surviving spouse

of the estate of the estate of the estate of the estate

b.Legitimate children and the surviving spouse b.Legitimate children and the surviving spouse

of the estate in equal A share equal to that of of the estate in equal A share equal to that of
portion each legitimate child portion each legitimate child

1-4 1-4
Legitimate children and illegitimate children Legitimate children and illegitimate children

of the estate in equal of the share of each of the estate in equal of the share of each
portion legitimate child portion legitimate child

1-3-4 1-3-4

a. One legitimate child (LC), illegitimate children(IC) and a. One legitimate child (LC), illegitimate children(IC) and
the surviving spouse the surviving spouse

One LC of the estate One LC of the estate

IC - of the share of the legitimate child IC - of the share of the legitimate child
SS - of the estate SS - of the estate

*Note: All concurring heirs get from the half free portion *Note: All concurring heirs get from the half free portion
of the surviving spouse having preference over those of of the surviving spouse having preference over those of
the illegitimate children, whose share may suffer pro rata the illegitimate children, whose share may suffer pro rata
because there is no preference as among themselves. because there is no preference as among themselves.

b.Legitimate children, illegitimate children and the b.Legitimate children, illegitimate children and the
surviving spouse surviving spouse

One LC of the estate in equal portion One LC of the estate in equal portion
IC - of the share of the legitimate child IC - of the share of the legitimate child
SS - A share equal to that of each legitimate child SS - A share equal to that of each legitimate child
 PARAGRAPH 2
2-3 2-3
Legitimate parents and surviving spouse Illegitimate parents and surviving spouse

of the estate of the estate of the estate of the estate

2-4 2-4
Legitimate parents and illegitimate children N/A
Because the presence of illegitimate children (and their
of the estate of the estate in equal descendants whether legitimate or illegitimate) excludes
shares illegitimate parents
2-3-4 2-3-4
Legitimate parents(LP), illegitimate children(IC) and the
surviving spouse (SS) N/A
LP of the estate Because the presence of illegitimate children (and their
descendants whether legitimate or illegitimate) excludes
IC - of the share of the legitimate child
illegitimate parents
SS - 1/8 of the estate

PARAGRAPH 3
3-4 3-4
Illegitimate children and the surviving spouse Illegitimate children and the surviving spouse

1/3 of the estate equally 1/3 of the estate 1/3 of the estate equally 1/3 of the estate
Others
a. Illegitimate children alone - of the estate; they, divide this portion equally
b. Surviving spouse alone - of the estate;
- 1/3 if marriage is in articulo mortis and deceased dies within 3 months after
marriage. (Exception: If they are living as husband and wife for more than 5
years before to the marriage; thus, marriage is a mere formality)