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Rowena B.

Gallego

SUCCESSION
Atty. Fretti G. Ganchoon

HOMEWORK
Surviving Compulsory Heirs
1

Legitimate Children /
Descendants only

Legitimate Parents /
Ascendants only

Legitime
1/2 of the estate
1/2 of the estate
* equal sharing if both survives

Widow / Widower only

1/2 of the estate


* 1/3 if the marriage is
in articulo mortis and
the testator died w/in
3 months from time of
marriage
* expn: if they are living
as husband & wife for
more than 5 years - 1/2

Illegitimate Children/
Descendants only

1/2 of the estate

Illegitimate Parents only

1/2 of the estate

Legitimate Children
Illegitimate Children

1/2 of the estate


Each illegitimate child gets
1/2 of the share of each
legitimate child

Legitimate Child
Widow / Widower

1/2 of the estate


1/4 of the estate

Legitimate Children
Widow/Widower

1/2 of the estate


share equivalent to legitime
of each legitimate child

Legitimate Child
Widow / Widower
Illegitimate Child /
Children

1/2 of the estate


1/4 of the estate
Each illegitimate child gets
1/2 of the share of each
legitimate child

Legal Basis

Surviving Compulsory Heirs


Legitimate Children
Widow / Widower
10
Illegitimate Child/Children

Legitime
1/2 of the estate
share equivalent to legitime
of each legitimate child
Each illegitimate child gets
1/2 of the share of each
legitimate child

11

Legitimate Parents
Widow / Widower

1/2 of the estate


1/4 of the estate

12

Legitimate Parents
Illegitimate Child/Children

1/2 of the estate


1/4 of the estate

13

Legitimate Parents
Illegitimate Child/Children
Widow / Widower

1/2 of the estate


1/4 of the estate
1/8 of the estate

14

Widow / Widower
Illegitimate Child/Children

1/3 of the estate


1/3 of the estate

15

Widow / Widower
Illegitimate Parents

1/4 of the estate


1/4 of the estate

16

Legitimate Parents
Adopted Child

1/2 of the estate


1/4 of the estate

Legal Basis

Legal Basis
Art. 888 of Civil Code
Art. 889 of Civil Code
Art. 890 (par. 1)

Art. 900 of Civil Code

Art. 901 of Civil Code


Art. 903 of Civil Code
Art. 176, Family Code
or Art. 895, as amended

Art. 892 (1), Civl Code


Art. 892 (2), Civl Code

Art. 892 (1), Civil Code


Art. 897 / 898

Legal Basis

Art. 892(2), Civil Code


Art. 898 / 897
Art. 176, Family Code
Art. 889 of Civil Code
Art. 893 of Civil Code
Art. 889 of Civil Code
Art. 896 of Civil Code
Art. 899 of Civil Code

Art. 894 of Civil Code


Art. 903 of Civil Code
Art. 39, Child and
Welfare Youth (P.D. 603)