LEGITIMES (886-903) XPN: If the marriage was in Articulo Mortis &

testator died within 3months from the

LC-------------------1/2 marriage ceremony.
LC-SS---------------1/2; 1/4* or 1/3 XPN to XPN: If the spouses have been
LC-SS-IC------------1/2;1/4*;1/4** cohabiting for more than five years
IC--------------------1/2
IC-SS----------------1/3;1/3 Reminder: This rule does not apply in case of Legal
IC-SS-LP/A---------1/4;1/8;1/2 Succession. No similar provision, hence,
LP/A-----------------1/2 inapplicable.
LP/A-SS-------------1/2;1/4
SS--------------------1/2 Q: What if the testator died on their 5th
SS-IP----------------1/4;1/4 anniversary?
IP--------------------1/2 A: The law says MORE THAN five years
cohabitation. So 1/3 only. But one can argue that in
*if more than 1 LC, same share as each LC the interest of justice, the share should still be ½.
**if more than 1 LC, 1/2 of the share of each LC After all, the wisdom of the law is there is suspicion
of financial profit motive is erased because of the 5-
Nota Bene: year period.

LP/A excluded by LC/D Q: Can an illegitimate child BE REPRESENTED?

IP excluded by LC/D & IC/D
Illegitimate Relatives CANNOT inherit from IC and
vice versa per IRON BAR/CURTAIN RULE
Pointers:
A: Yes. Both by legit and illegit descendants.
Q: Can a legitimate child be represented?
A: Yes. But only by the legitimate children.
Reason: Art. 992, iron curtain rule.

Q: What if the decedent and the SS were legally Q: Can legit or illegit children be represented by
separated? Can the SS still inherit? ascendants?
A: Yes. Provided that he is not the one who has A: No. There is no RIGHT OF REPRESENTATION
given the cause for LegalSep. in the ascending line.

Q: How much is the share of the SS if the

concurring heirs are grandchildren and there be, say
904
5 grandchildren?
A: It depends. If the grandchildren be the Untouchability of legitime.
children of 1 LC, then 1/4. If there be more than 1 XPN:
LC, then the same share as each LC, not each 1. Prohibition to partition for a period not
grandchild. exceeding 20years

Reminder: Article 895, par. 2 has already been Q: Can a compulsory heir be deprived of his
repealed. There is no longer any distinctions legitime?
between spurious and natural children. A: Yes. By validly disinheriting him where the
legal cause is among those expressly provided by
Q: What is the rule when the SS is the only law.
surviving heir?
A: Article 900. Q: What about preterition?
Gen. Rule: She gets ½ of the estate. A: No. Preterition shall, in fact, annul the
institution of heir.
 Q: What is the order of preference in the
905 hereditary estate? In other words, what is the order
of payment?
Speak of 2 rules: A:
1. LEGITIMES
1. Future inheritance CANNOT be waived; 2. DIV
2. COLLATION 3. Preferred legacies and devises
4. All other legacies and devisees
Q: Can a son renounce his legitime when, prior
to his father’s death, they had a big quarrel? Q: Why is DIV preferred over DMC?
A: No. Art. 905. A: “Priority in time is priority in right”. Also, DIV
is a bilateral act. There has to be acceptance. Thirdly,
Q: Can siblings agree that one of them will not once accepted, already IRREVOCABLE in general.
claim his inheritance on the condition that all the
others will support his bid for the position of the Q: Between 2 DIVs, which is preferred?
President of the family business? A: The one earlier made. Priority in time is
A: No. Art. 905/ Art. 1347 “No contract may be priority in right.
entered into upon future inheritance except in cases
expressly provided by law”. A compromise is a Q: Suppose they were made on the same date?
contract. Hence, not allowed. A: Look at the time. If cannot be established,
then no preference. Both shall be reduced
Q: Can a son who was given 1 million pesos proportionately.
during the lifetime of his father for him to start hi
business still inherit from the father?
A: Yes. But he shall bring the 1 million pesos to 909
collation.

Q: What is collation?
A: The process of taking the DONATION INTER
VIVOS to compulsory heirs into consideration when
determining the net estate of the testator for
purposes of determining the legitimes.

907, 908, 909, 910, 911

DETERMINATION OF LEGITIME

Q: Should donations to strangers also be

brought to collation?
A: Arguable. But SC ruling, citing Manresa, is
NO. ONLY DONATIONS TO COMPULSORY HEIRS
SHALL BE SUBJECT TO COLLATION.

Q: Suppose the legitime is impaired, what

happens?
A: The voluntary heirs’ shares shall be reduced.
In accordance with 911