TABLE OF INTESTATE SHARES WITH PROVISIONS

SURVIVING RELATIVES INTESTATE SHARES PERTINENT PROVISIONS

ONE legitimate child ONE illegitimate child

NON- CONCURRING GROUP OF HEIRS Entire estate Entire estate

obvious
Art. 988. In the absence of legitimate descendants or ascendants, the illegitimate children shall succeed to the entire estate of the deceased. (939a)

ONE legitimate parent ONE illegitimate parent

Entire estate Entire estate

obvious
Art. 993. If an illegitimate child should die without issue, either legitimate or illegitimate, his father or mother shall succeed to his entire estate; and if the child's filiation is duly proved as to both parents, who are both living, they shall inherit from him share and share alike.

SPOUSE

Entire estate

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. (946a) Art. 1001. Should brothers and sisters or their children survive with the widow or widower, the latter shall be entitled to one-half of the inheritance and the brothers and sisters or their children to the other half. (953, 837a) Art. 1002. In case of a legal separation, if the surviving spouse gave cause for the separation, he or she shall not have any of the rights granted in the preceding articles. (n)

TWO CONCURRING GROUP OF HEIRS

ONE LEGITIMATE CHILD vs SPOUSE TWO LEGITIMATE CHILDREN VS SPOUSE

; 1/3; 1/3; 1/3 ;

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. (834a)

ILLEGITIMATE CHILDREN vs SPOUSE JOVITO B. CODERIS JR. NOTES

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TABLE OF INTESTATE SHARES WITH PROVISIONS

LEGITIMATE PARENTS vs SPOUSE

;
ILLEGITIMATE PARENTS vs SPOUSE

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. (836a)

;
LEGITIMATE PARENTS vs ILLEGITIMATE CHILD SPOUSE VS BROTHERS/SISTERS/NEPHEWS/NIECES

There is no exact provision. Thus the concurrence theory applies

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. (942-841a) Art. 1001. Should brothers and sisters or their children survive with the widow or widower, the latter shall be entitled to one-half of the inheritance and the brothers and sisters or their children to the other half. (953, 837a) Art. 975. When children of one or more brothers or sisters of the deceased survive, they shall inherit from the latter by representation, if they survive with their uncles or aunts. But if they alone survive, they shall inherit in equal portions. (927)

THREE CONCURRING GROUP OF HEIRS

LEGITIMATE CHILD vs SPOUSE vs ILLEGITIMATE CHILDREN
Art. 999. When the widow or widower survives with legitimate children or their descendants and illegitimate children or their descendants, whether legitimate or illegitimate, such widow or widower shall be entitled to the same share as that of a legitimate child. (n) First, satisfy legitimes. Estate would be insufficient, reduction must be made according to the rules on legitimes. The legitimes of the LCD and SS shall always be satisfied in preference to the illegitimate child.

TWO LEGITIMATE CHILDREN vs SPOUSE vs ILLEGITIMATE CHILD LEGITIMATE PARENTS vs SPOUSE VS ILLEGITIMATE CHILD JOVITO B. CODERIS JR. NOTES

First, satisfy legitimes. There would be an excess of the estate. Distribute the excess in proportion 2:2:1 in accordance with the concurrence theory.

; 1/4;

Art. 1000. If legitimate ascendants, the surviving spouse, and illegitimate children are left, the ascendants shall be entitled to one-half of the inheritance, and the other half shall be divided

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TABLE OF INTESTATE SHARES WITH PROVISIONS

between the surviving spouse and the illegitimate children so that such widow or widower shall have one-fourth of the estate, and the illegitimate children the other fourth. (841a)

Order of Intestate Succession

Legitimate Person

Legitimate children or descendants Legitimate parents or ascendants Illegitimate child or descendants The surviving spouse

THIS GROUP OF COMPULSORY HEIRS DOES NOT EXCLUDE EACH OTHER; WITH RESPECT TO THE LEGITIMATE PARENTS, THEY ARE EXCLUDED BY THE LEGITIMATE CHILDREN AND ASCENDANTS.

subject to the concurrent right of brothers and sisters, nephews and nieces

Brothers, sisters, nephews, nieces Other collateral relatives within the fifth civil degree

THE PRINCIPLE THAT THE NEARER EXCLUDES THE FARTHER APPLIES

The State

Illegitimate Person- same rules above apply

Legitimate children or descendants Illegitimate child or descendants Parents by nature The surviving spouse subject to the concurrent right of brothers and sisters, nephews and nieces Brothers, sisters, nephews, nieces The State

JOVITO B. CODERIS JR. NOTES

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