ESTRELLA, Tom Lui M.

JD4301

SUCCESSION
Atty. Fretti G. Ganchoon

HOMEWORK

LEGAL LEGAL
SURVIVING HEIRS LEGITIME LEGAL SHARE
BASIS BASIS

LEGITIMATE
1. CHILDREN/ Art. 888 Art. 980
DESCENDANTS ONLY
½ of the estate
LEGITIMATE Art. 985
2. PARENTS/ EXCEPTION: Art. 889
ASCENDANTS ONLY 1/3 only, in the Art. 987
case of a
SURVIVING SPOUSE surviving ½ of the estate
3. Art. 900 Art. 995
ONLY spouse and the
ILLEGITIMATE marriage, being
4. CHILDREN/ in articulo Art. 901 Art. 988
DESCENDANTS ONLY mortis

ILLEGITIMATE
5. Art. 903 Art. 993
PARENTS ONLY

Legitimate
children: ½ of Legitimate children:
LEGITIMATE the estate ½ of the estate Art. 983
Art. 176
CHILDREN WITH Illegitimate Illegitimate Art. 176
6. (Family
ILLEGITIMATE children: each children: each will (Family
Code)
CHILDREN will get ½ of the get ½ of the share of Code)
share of one one legitimate child
legitimate child

Legitimate
child: ½ of the Legitimate child: ½
LEGITIMATE CHILD estate of the estate
7. WITH SURVIVING Art. 892 Art. 996
SPOUSE Surviving Surviving spouse: ¼
spouse: ¼ of of the estate
the estate

Legitimate
children: ½ of Legitimate child: ½
LEGITIMATE the estate of the estate
8. CHILDREN WITH Surviving Art. 892 Surviving spouse: Art. 996
SURVIVING SPOUSE spouse: share share equal to that of
equal to that of one child
one child
 Legitimate
child: ½ of the
Legitimate child: ½
estate
of the estate
LEGITIMATE CHILD Illegitimate Art. 888 Art. 999
Illegitimate
WITH SURVIVING children: each
Art. 176 children: each will Art. 176
9. SPOUSE AND will get ½ of the
(Family get ½ of the share of (Family
ILLEGITIMATE share of one
Code) one legitimate child Code)
CHILDREN legitimate child
Surviving spouse: ¼
Surviving
of the estate
spouse: ¼ of
the estate

Legitimate
children: ½ of
Legitimate children:
the estate
½ of the estate
Illegitimate
LEGITIMATE Art. 888 Illegitimate Art. 999
children: each
CHILDREN WITH children: each will
will get ½ of the Art. 176
10. SURVIVING SPOUSE Art. 892 get ½ of the share of
share of one (Family
AND ILLEGITIMATE one legitimate child
legitimate child Art. 897 Code)
CHILDREN
Surviving spouse:
Surviving
share equal to that of
spouse: share
one child
equal to that of
one child

Legitimate
parents: ½ of Art. 888 Legitimate parents:
LEGITIMATE PARENTS the estate ½ of the estate
11. WITH SURVIVING Art. 889 Art. 997
SPOUSE Surviving Surviving spouse: ½
spouse: ¼ of Art. 893 of the estate
the estate

Legitimate
Legitimate parents:
parents: ½ of Art. 888
LEGITIMATE PARENTS ½ of the estate
the estate
12. WITH ILLEGITIMATE Art. 176 Art. 991
Illegitimate
CHILDREN Illegitimate (Family
children: ½ of the
children: ¼ of Code)
estate
the estate

Legitimate
parents: ½ of Legitimate parents:
the estate Art. 888 ½ of the estate
LEGITIMATE PARENTS
Illegitimate Art. 892 Illegitimate
WITH ILLEGITIMATE Art.
13. children: ¼ of children: ¼ of the
CHILDREN AND Art. 897 1000
the estate estate
SURVIVING SPOUSE
Surviving Art. 898 Surviving spouse: ¼
spouse: 1/8 of of the estate
the estate
 Surviving
Surviving spouse: ½
spouse: 1/3 of
SURVIVING SPOUSE of the estate
the estate
14. WITH ILLEGITIMATE Art. 894 Illegitimate Art. 998
CHILDREN Illegitimate
children: ½ of the
children: 1/3 of
estate
the estate

Surviving
spouse: ¼ of Surviving spouse: ½
SURVIVING SPOUSE the estate of the estate
15. WITH ILLEGITIMATE Art. 903 Art. 997
PARENTS Illegitimate Illegitimate parents:
parents: ¼ of ½ of the estate
the estate

Surviving Surviving spouse: ½

SURVIVING SPOUSE spouse: ½ of of the estate
WITH LEGITIMATE the estate
Legitimate siblings, Art.
16. BROTHERS AND Legitimate nephews and nieces: 1001
SISTERS, NEPHEWS siblings, ½ of the estate
AND NIECES nephews and
nieces: None

Surviving Surviving spouse: ½

SURVIVING SPOUSE spouse: ½ of of the estate
WITH ILLEGITIMATE the estate
Illegitimate siblings,
17. BROTHERS AND Illegitimate Art. 994
nephews and nieces:
SISTERS, NEPHEWS siblings, ½ of the estate
AND NIECES nephews and
nieces: None