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BAR QUESTION

A died intestate leaving a considerable fortune. His


widow B gave birth to a son three months after As death.
The child died two days after it was born. The widow B
died two days after her child. The inheritance left by A is
claimed by the legitimate mother of B, and a legitimate
brother of A. There are no other relatives. Who do you
believe is entitled to the inheritance? Why?
ANS.: Upon As death, his fortune was inherited by
his widow (1/2) and by his son (1/2) by intestate succession
(gratuitous title). (The son inherited because at the
time of his fathers death, he was already conceived, and
a conceived child is already considered born for all purposes
favorable to it). Upon the death of the son, without
issue, the mother inherited by operation of law, his halfshare.
On this half-share, there is a reserva troncal, the
requisites therefor all being present and therefore, on
the widow Bs death, said one-half should properly go to
the legitimate brother of A, who is a relative within the
3rd degree counted from the propositus (the baby son).
Said half is indeed not part of the estate of B. (Cabardo
v. Villanueva, 44 Phil. 186).
But the other half inherited by B direct from A by
legal succession is certainly not reservable property. It belongs
to her estate. And therefore, on her death, it should
go to her nearest (in the problem, the only) intestate heir,
namely, the legitimate mother of B.
Art. 891

Another Article on Surviving Spouse Concurring with


Children
Example: Same as in Art. 897 but here, there is a recognized
spurious child instead of an acknowledged natural
child.
[NOTE: Art. 898 does not apply when there is only one
legitimate child. See reason in the note in Art. 897.].
(3) Rule in Case of Legitimate and Illegitimate Children
Surviving Together (With or Without the Surviving
Spouse)
(a) First, give the legitimes of the legitimate children and of
the surviving spouse (if any).
(b) Secondly, give the legitimes of the illegitimate children in
proportion to the legitime of the legitimate children (10,

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494
(c) Illegitimate child P300,000
Total = P1,000,000
[QUERY: Why not give to the legitimate father his legitime
of P500,000 and to the illegitimate child his legitime of
P250,000, and then divide equally the remaining P50,000?
ANS.: This would seem to be all right for after all, the legitimes

are preserved, BUT THEN this would be rather unfair


to the illegitimate child since it is CLEARLY the intent of the
law to as much as possible give to him a share equal to that
of the legitimate father. (See Art. 991).].

Intestate Shares of Surviving Spouse


(a) Survivor: surviving spouse only ALL
(b) Survivors: surviving spouse, brothers, sisters (the illegitimate
brothers and sisters) 1/2
[NOTE: If there are nephews and nieces who concur
with the brothers or sisters, the former inherit by right
of representation.].
(c) Survivors: brothers, sisters, nephews, and nieces
THEY GET ALL.
[NOTE: Though there is no express provision on this
point, it is understood that they get the whole estate, for
if they share when there is a surviving spouse (Art. 994,
2nd paragraph), why should they not inherit if they alone
survive?].
(2) Example:
F
WIL
Art. 994
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505
F has an illegitimate child A, and a legitimate child L.
A is married to W. F dies. Later, A dies intestate leaving an
estate of P1 million. Divide the estate.
ANS.: W gets everything. L gets nothing because the
legitimate child of the father of an illegitimate child, has no
right to inherit from said illegitimate child. (Art. 992).
[NOTE: It is evident therefore that the brothers and sisters
spoken of in the 2nd paragraph of Art. 994 are illegitimate.
Nephews and nieces are the children of deceased or incapacitated
illegitimate brothers or sisters of the decedent.].

Heirs of the Late Mario V. Chanliongco


Adm. Matter 190-RET
Oct. 18, 1977
FACTS: A Supreme Court attorney died intestate leaving
as his heirs his widow, a legitimate son, and two recognized
illegitimate children. Distribute his estate.
HELD: The legitimate son gets 1/2, the widow 1/4, and
the two recognized illegitimate children (whether natural or
spurious) 1/8 each. (Note that ordinarily each recognized natural
child should get 1/2 of the share of each legitimate child,
and each recognized spurious child should get 2/5 of the share
of each legitimate child, but if this sharing would be followed,
the estate would not be enough).
[NOTE: Under Art. 165 of the Family Code, there is no
mention of the natural child nor the spurious child.].

Intestate Shares of Surviving Spouse Concurring With


Illegitimate Children
(a) Surviving spouse 1/2
(b) Illegitimate children or descendants
Share of Surviving Spouse Concurring With Children
or Other Descendants
Three classes are surviving in this Article:
(a) Legitimate children or descendants (legitimate)
(b) Illegitimate children or descendants (legitimate or
illegitimate)
(c) Surviving spouse
(2) Example
Intestate Estate P700,000
Surviving: Widow, 2 legitimate children, 1 illegitimate child.
Divide.
ANS.:
1st Legitimate child P200,000
2nd Legitimate child P200,000
Widow P200,000
Illegitimate child P100,000
P700,000
NOTE: The solution is this:
Let x = share of 1st leg. child
Let x = share of 2nd leg. child
Let x = share of widow
Let 1/2 x = share of illegitimate child
Art. 999
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x + x + x + x = P 700,000
3x + = P 700,000
+ = P 700,000
= P 700,000
7 x = P1,400,000
ANS.: x = P200,000
= P100,000
(3) Problem
Intestate Estate P1,600,000
Surviving: Widow, 2 legitimate children, and ten (10) illegitimate
children. Divide.
ANS.:
(a) If we follow the general rule:
Each legitimate child gets P200,000 P 400,000
Each illegitimate child gets P100,000 P1,000,000
Widow P 200,000
P1,600,000
BUT this is clearly not the correct solution for the
legitimes of the legitimate children and the surviving
spouse are impaired. This should not be allowed.

Share of Surviving Spouse Concurring With Legitimate

Ascendants and Illegitimate Children


Here, three classes are surviving:
(a) Legitimate ascendants 1/2
(b) Surviving spouse 1/4
(c) Illegitimate children 1/4
Example:
Intestate of P1,000,000
Surviving:
(a) Legitimate father P250,000
(b) Legitimate mother P250,000
(c) Widow P250,000
(d) One illegitimate child P250,000
P1,000,000
P250,000
P1,000,000
[NOTE: The legacy is charged to the intestate share
of the surviving spouse but her legitime is preserved
(1/8). She also gets the remaining P25,000 because of the
intent of the law to give to her (if possible) one-fourth of
the whole estate.].
Art. 1000
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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)
COMMENT:
(1) Share of Surviving Spouse Concurring With Brothers,
Sisters, Nephews, and Nieces
This Article speaks of two classes of survivors:
(a) Surviving spouse 1/2
(b) Brothers and sisters (and their children) 1/2
(2) Example
A
BCDW
EF
A has 3 legitimate children, B, C, and D. D has a wife W.
E is Ds legitimate child, while F is Ds illegitimate child. D
dies intestate leaving an estate of P1,000,000.
(a) If the only surviving relative is W, she gets the whole
P1,000,000. (Art. 995, par. 1).
(b) If the surviving relatives are B, C, and W, how much, if
any, will each get? W gets P500,000. B and C each gets
P250,000. (Art. 1001).
(c) If the surviving relatives are E and W, how much, if any,
will each get? Each gets P500,000. (Art. 996). (True, Ws
legitime is only one-fourth but to give her one-half will
not in this case impair Es legitime.).
(d) If the surviving relatives are A and W, how much, if any,
will each get? A and W each gets P500,000. (Art. 997).
Art. 1001
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(e) If the surviving relatives are F and W, how much, if

any, will each get? F and W will get P500,000 each. (Art.
998).
(f) If the surviving relatives are E, F, and W, how much, if
any, will each get?
ANS.:
1) At fi rst glance, the answer, applying Art. 999, would
seem to be this: W gets as much as E, and F gets
half of Es share. Hence, W gets P400,000; E gets
P400,000; and F gets P200,000.
2) But this would clearly prejudice the legitime of E,
who as the only legitimate child, should be entitled
to one-half of the estate, which is P500,000. To apply
Art. 999 to the case where there is only one legitimate
child would be to impair his legitime, so that
all a person would have to do, if he wants to decrease
the legitime of his lone heir is to die intestate as in
this case. It is submitted therefore that in a case
like this, Art. 892, par. 1, 1st sentence, and Art. 895,
par. 3, should be applied by analogy. Under Art. 892,
par. 1, 1st sentence, 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. Under Art. 895, 3rd par., 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 the free portion,
and that the legitime of the surviving spouse must
fi rst be fully satisfi ed. HENCE, the correct answer
should be:
E gets P500,000
W gets P250,000
F gets P250,000
P1,000,000
(g) If the surviving relatives are A, W, and F, how much, if
any, will each get?
Art. 1001
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518
ANS.: A gets P500,000, W gets P250,000 and F gets
P250,000. (Art. 1000).
(h) If the surviving relatives are B, C, and W, how much, if
any, will each get?
ANS.: B and C will get P250,000 each; W gets
P500,000. (Art. 1001).
(3) Brothers and Sisters Excluded by Illegitimate Children
of the Deceased
Brothers and sisters do not concur with recognized illegitimate
children of the deceased. In fact, the former are
EXCLUDED by the latter. (See also Arts. 1003 and 988; Cacho
v. Udan, L-19996, Apr. 30, 196