NAME: ROSEL JOY A.

PROVIDO
LLB III
WILLS AND SUCCESSION
S.Y. 2018-2019
LEGITIME UNDER THE CIVIL CODE,
COMPULSORY HEIRS COMBINED WITH
AS AMENDED
A. Legitimate children of the testator One half (1/2) of the hereditary estate to be divided
equally among the legitimate children (Art. 888,
CC), irrespective whether they survive alone or with
concurring compulsory heirs
B. One (1) legitimate child Surviving spouse One half (1/2) of the estate (legitime) goes to the
legitimate child (Art. 888, CC); and

One fourth (1/4) of the estate (free portion) goes to the

surviving spouse (Arts. 892, CC)
C. Two (2) or more legitimate children Surviving spouse One half (1/2) of the estate (legitime) to be divided among
the legitimate children (Art. 888, CC); and

Surviving spouse gets a share (from the free portion) equal

D. Legitimate children
Illegitimate children
to the legitime of each of the legitimate children (Arts. 892,
CC)
One half (1/2) of the hereditary estate (legitime) to be
divided equally among the legitimate children (Art. 888,
CC); and

Each illegitimate child gets a share (from the free portion)

equal to one half (1/2) of the legitime of each of the
legitimate children (Arts. 895, CC) and

All the concurring heirs get their shares from the free
portion. The surviving spouse is preferred over the
illegitimate children whose share in the inheritance may
suffer a proportionate (pro rata) reduction.
E. Illegitimate children Surviving spouse One third (1/3) of the estate (legitime) goes to the
illegitimate children; and

One third (1/3) of the estate (legitime) goes to the

surviving spouse (Art. 894, CC);

F. Legitimate Children Illegitimate children and surviving spouse One half (1/2) of the estate (legitime) to be divided among
the legitimate children (Art. 888, CC);

Each illegitimate child gets a share (from the free portion)

equal to one half (1/2) of the legitime of each of the
legitimate children;

Surviving spouse gets a share (from the free portion) equal

to the legitime of each of the legitimate children (Arts. 892,
CC) (Arts. 897 and 898, CC)

G. Illegitimate children No other compulsory heirs One half (1/2) of the estate (legitime) goes to the
illegitimate children (Art. 901, CC)
H. Legitimate parents, whether they survive alone or Illegitimate children and surviving spouse One half (1/2) of the estate goes to the legitimate parents
concur to be divided equally between (Arts. 889 & 890, CC)
I. Ascendants of equal degree of the paternal and One half (1/2) of the estate to be divided equally between
maternal lines, if testator has no child or leaves them. It pertains entirely to the ones nearest in degree of
neither father nor mother either line (Arts. 890, CC)
J. Legitimate parents Surviving spouse One half (1/2) of the estate (legitime) goes to the
legitimate parents (Arts. 889 & 890, CC); and

One fourth (1/4) of the estate (free portion) goes to the

surviving spouse (Arts. 893, CC)

K. Legitimate parents Illegitimate children One half (1/2) of the estate (legitime) goes to the
legitimate parents (Art. 889, CC); and

One fourth (1/4) of the estate (free portion) goes to the

illegitimate children (Art. 896, CC)
L. Legitimate parents Illegitimate children and surviving spouse One half (1/2) of the estate (legitime) to be divided
equally between the legitimate parents (Arts. 889 & 890,
CC);

One fourth (1/4) of the estate (free portion) goes to the

illegitimate children; and

One eighth (1/8) of the estate (free portion) goes to the

surviving spouse (Art. 899, CC)

M. Surviving spouse One half (1/2) of the estate (legitime) goes to the surviving
spouse;
But the share is reduced to one third (1/3) of the estate in
the case of marriage in articulo mortis and the testator
died within three (3) months from its solemnization (Art.
900, CC)

N. Illegitimate parents One half (1/2) of the estate (legitime) of the illegitimate
child (Art. 903, CC)
O. Illegitimate parents Surviving spouse of the illegitimate child One fourth (1/4) of the estate (legitime) goes to the
illegitimate parents; and

One fourth (1/4) of the estate (legitime) goes to the

surviving spouse (Art. 903, CC)