Académique Documents
Professionnel Documents
Culture Documents
2013-2014
Facts: Testator (T) disposes of property worth P 120,000/ Decedent (D) has property worth 120,000.
Note the distribution in both testamentary and legal succession.
Testamentary
A= only child; no other Article 888.1
compulsory heirs
Gives to the legitime child A = 60k
Legal
Article 980 2
A = 120k
T has 3 children: A, B, C
889 + 8903
Article 9854
Art. 888. The legitime of legitimate children and descendants consists of one-half of the hereditary estate of
the father and of the mother.
The latter may freely dispose of the remaining half, subject to the rights of illegitimate children and of the
surviving spouse as hereinafter provided.
2
(Art. 980. The children of the deceased shall always inherit from him in their own right, dividing the inheritance
in equal shares.)
3
Art. 889. The legitime of legitimate parents or ascendants consists of one-half of the hereditary estates of their
children and descendants.
The children or descendants may freely dispose of the other half, subject to the rights of illegitimate children
and of the surviving spouse as hereinafter provided. (809a)
Art. 890. The legitime reserved for the legitimate parents shall be divided between them equally; if one of the
parents should have died, the whole shall pass to the survivor.
If the testator leaves neither father nor mother, but is survived by ascendants of equal degree of the paternal
and maternal lines, the legitime shall be divided equally between both lines. If the ascendants should be of
different degrees, it shall pertain entirely to the ones nearest in degree of either line.
4
Art. 985. In default of legitimate children and descendants of the deceased, his parents and ascendants shall
inherit from him, to the exclusion of collateral relatives.
What if AB dies
Article 9966
Estate/ 2 = 60k each for W and A
Art. 892. If only one legitimate child or descendant of the deceased survives, the widow or widower shall be
entitled to one-fourth of the hereditary estate. In case of a legal separation, the surviving spouse may inherit if it
was the deceased who had given cause for the same.
If there are two or more legitimate children or descendants, the surviving spouse shall be entitled to a portion
equal to the legitime of each of the legitimate children or descendants.
In both cases, the legitime of the
surviving spouse shall be taken from the portion that can be freely disposed of by the testator.
6
Art. 996. If a widow or widower and legitimate children or descendants are left, the surviving spouse has in the
succession the same share as that of each of the children.
and
None
W Article 8937
F and M = 60k (30k each)
W = 30k
None
Art. 9978
F and M = (60k; 30k each)
W = (60k)
reserve
portion
A = 80k
X = 40k
Same principle:
Art. 893. If the testator leaves no legitimate descendants, but leaves legitimate ascendants, the surviving
spouse shall have a right to one-fourth of the hereditary estate.
This fourth shall be taken from the free portion of the estate.
8
Art. 997. When the widow or widower survives with legitimate parents or ascendants, the surviving spouse
shall be entitled to one-half of the estate, and the legitimate parents or ascendants to the other half.
9
Art. 894. If the testator leaves illegitimate children, the surviving spouse shall be entitled to one-third of the
hereditary estate of the deceased and the illegitimate children to another third. The remaining third shall be at
the free disposal of the testator.
Given Facts
Illustration:
in
Atty
EMs
89511
Legitimate: A, B, C
Legitimate A; Illegitimate: A= 60k
Spouse: W
X, Y, Z, W2
X, Y, Z, W2 = cannot get 30k each Illegitimate: X, Y
or half of the share of the legitimate
child because in no case shall the A, B, C = 24k each
sharing exceed the free portion of W= 24k
60k
X, Y = 24k (12k each)
Thus,
X, Y, Z, W2 = will only get 15k each
because since the free portion is
only 60k, the illegitimate children
will suffer a reduction equally
(60k/4= 15k each)
As Applied:
Legitime: A; Illegitimate: X, A= 60k
A= 30k
Y, Z, W2, R and S10
X, Y, Z, W2, R and S will suffer a X, Y, Z, W2, R and S12 = 15k each
reduction and, thus:
(90k)
Free portion remaining: 60k/6 =
10k each
As applied:
Legitimate, A, B, C, and D; A,B,C,D = 15k each (60k/4)
Spouse, W; Illegitimate W= 15k (same as that of each 120/7 shares (one share for
Children: X, Y, Z, W2
legitimate child)
legitimate children and wife +
X,Y,Z,W2= 7.5 each (favorable to share for 4 illegitimate children)
them because their individual share
is covered by the free portion; in
fact, there is still a remaining free
portion of 15k)
10
Note: The illegitimate children will suffer reduction. The rule on half-the share is only good in paper. Atty.
EM. If there is a surviving spouse, his/her share shall be prioritized after that of the legitimate child/ren before
considering the share of the illegitimate children. It will be favorable to the illegitimate children if there are many
legitimate children because the share of the illegitimate will almost approximate that of the legitimate (see
illustration above).
11
Art. 895. Xxx The legitime of the illegitimate children shall be taken from the portion of the estate at the free
disposal of the testator, provided that in no case shall the total legitime of such illegitimate children exceed that
free portion, and that the legitime of the surviving spouse must first be fully satisfied.
12
Note: The illegitimate children will suffer reduction. The rule on half-the share is only good in paper. Atty.
EM. If there is a surviving spouse, his/her share shall be prioritized after that of the legitimate child/ren before
considering the share of the illegitimate children. It will be favorable to the illegitimate children if there are many
legitimate children because the share of the illegitimate will almost approximate that of the legitimate (see
illustration above).
Art. 99114
F and M = 60k (30k each)
X = 60k
89915
Parents: F and M; spouse: F and M = (60k)
W; and illegitimate: W
W = 1/8 ( 15k)
X = (30k)
F and M = (60k)
W = (30k)
X = (30k)
Art. 90016
Legitime: 1/3 only
Art. 90119
Article 99517
Surviving spouse = 100%
(the rule in Art. 900 has not been
retained in legal succession)18
98820
X= 1/2
X= 100% (entire)
Testator is Illegitimate (
Article 903) 21:
Article 903:
13
Art. 896. Illegitimate children who may survive with legitimate parents or ascendants of the deceased shall be
entitled to one-fourth of the hereditary estate to be taken from the portion at the free disposal of the testator.
14
Art. 991. If legitimate ascendants are left, the illegitimate children shall divide the inheritance with them,
taking one-half of the estate, whatever be the number of the ascendants or of the illegitimate children.
15
Art. 899. When the widow or widower survives with legitimate parents or ascendants and with illegitimate
children, such surviving spouse shall be entitled to one-eighth of the hereditary estate of the deceased which
must be taken from the free portion, and the illegitimate children shall be entitled to one-fourth of the estate
which shall be taken also from the disposable portion. The testator may freely dispose of the remaining oneeighth of the estate.
16
Art. 900. If the only survivor is the widow or widower, she or he shall be entitled to one-half of the hereditary
estate of the deceased spouse, and the testator may freely dispose of the other half. (837a)
If the marriage between the surviving spouse and the testator was solemnized in articulo mortis, and the
testator died within three months from the time of the marriage, the legitime of the surviving spouse as the sole
heir shall be one-third of the hereditary estate, except when they have been living as husband and wife for more
than five years. In the latter case, the legitime of the surviving spouse shall be that specified in the preceding
paragraph.
17
Art. 995. In the absence of legitimate descendants and ascendants, and illegitimate children and their
descendants, whether legitimate or illegitimate, the surviving spouse shall inherit the entire estate, without
prejudice to the rights of brothers and sisters, nephews and nieces, should there be any, under article 1001.
18
Atty. EM expressed his doubt as to the wisdom of the law in Art. 900 and the inconsistency pertaining to legal
succession because the kind of succession (testate or legal) would not change the character of the person.
19
Art. 901. When the testator dies leaving illegitimate children and no other compulsory heirs, such illegitimate
children shall have a right to one-half of the hereditary estate of the deceased.
The other half shall be at the free disposal of the testator.
20
Art. 988. In the absence of legitimate descendants or ascendants, the illegitimate children shall succeed to the
entire estate of the deceased.
21
Art. 903. The legitime of the parents who have an illegitimate child, when such child leaves neither legitimate
descendants, nor a surviving spouse, nor illegitimate children, is one-half of the hereditary estate of such
illegitimate child. If only legitimate or illegitimate children are left, the parents are not entitled to any legitime
whatsoever. If only the widow or widower survives with parents of the illegitimate child, the legitime of the
parents is one-fourth of the hereditary estate of the child, and that of the surviving spouse also one-fourth of
the estate.
22
Note that in Article 903 wherein the testator is illegitimate, the grandparents cannot inherit. The possible heirs
are only up to the illegitimate parents (no other ascendant recognized).