ORDER OF INTESTATE SUCCESSION or

TABLE OF CONCURRENCE/EXCLUSION
SURVIVING HEIRS CONCURS WITH EXCLUDES NUMBERING OF LEGAL HIERS:
I. in the 1. LEGIT child; ** (1)(2) with
DESCENDING LINE (A) LEGIT child concurs (A) LEGIT child excludes 2. ILLEGIT child; there descendants
either legit or illegit with: 4. Parents/Ascendants 3. SS;
child 2. Illegit child; 5. Collateral relatives 4. Parents/Ascendants;
(1) LEGIT child; 3. SS; 6. The State 5. Collateral relatives;
(2) ILLEGIT child; 6. State.
(B) ILLEGIT child concurs (B) ILLEGIT child excludes
1. Legit child; 5. Collateral relatives
3. SS; 6. The State
4. Parents/Ascendants

II.--(3) is the SS
4. Parents/Ascendants;
1. LEGIT child; 5. Collateral relatives;
2. ILLEGIT child; 6. State.
OR
5. Collateral relatives;
4. Parents/Ascendants; 6. State.
OR
5. Collateral relatives; 6. State.

III. in the
ASCENDING LINE 2. Illegit child; 5. Collateral relatives
refers to the 3. SS; 6 The State
(4) parents/ascendants (see Art. 985)
IN ALL CASES, PARENST/ASCENDANTS NEITHER
CONCURS NOR EXCLUDES LEGIT CHILD
IV. --(5) In the
COLLATERAL 3. SS; 6. State.
RELATIVES
II.--(6) is the STATE NONE 0
DECEASED LEGIT CHILD ORDER OF
INTESTATE TABLE
INTESTATE SUCCESSION
Relatives Legit Child and their Surviving spouse illegit child Legit Parents Collateral
Surviving descendants including or
legitimated and adopted children Ascendants
Legit child Half of the
concurred with 1/2 legitime for the Legit Child; share as that
illegit child of the Legit
See Articles 982 and 895 Child.

Legit parents only R1: entire estate divided by them

to exclusion of collateral
(PEQ) (Art. 985 and 986)
R2: if one survive, entire estate
(Art. 986)

Ascendants only R1: Either paternal or maternal ascendant,

entire estate divided by them PER CAPITA
R2: Both paternal and maternal ascendant,
gets half divided by them PER STIRPES
(Art. 987)

illegit child only Entire estate

(Art.998)

Legit Ascendants 1/2 divided 1/2 divided by them

concurred with by them
illegit child
(Art. 991)

illegit parents only - art. 993 Entire estate IF PROVEN 1/2 illegit 1/2 Natural
Surviving spouse only entire estate 1/2 of the
w/o prejudice to collateral relatives 1/2 of the estate
Hence art. 992 applies estate - Art. 1001 divided by
(Art. 993, 994 and 995) them

P: Follow the rule of preference = The Legitime must be satisfied first; (see Art.895)
R: the share of SS and ILLEGIT CHILD is charged at the FP.
DECEASED LEGIT CHILD ORDER OF
INTESTATE TABLE
INTESTATE SUCCESSION
Relatives Legit Child and their Surviving spouse illegit child Legit Parents Collateral
Surviving descendants including or
legitimated and adopted children Ascendants
SS "same share as that
concurred with of each children"
Legit children and
descendants in Article 892, 1/4
(Art. 996) PEQ if there is only one
child.
Legit parents or 1/2 of the estate 1/2 of the estate
ascendants divided by them
concurred with
SS
(Art. 997)

SS 1/2 of the estate 1/2 of the

concurred with estate
Illegit children divided by them
and descendants
(Art. 998)
Legit children 1/2 of the estate remainder Half of the
concurred with divided by them share as that
SS and of the Legit
illegit child in Article 892, 1/4 Child.
(Art. 999) if there is only one
child.
Legit ascedants 1/2 of the estate 1/4 of the estate 1/4 of the Del Rosario v. Conanan - court held as regards
concurred with divided by them estate adopted child gets the rights of an acknow
SS and divided by them child - 1/4
illegit child
(Art. 1000)
SS 1/2 of the estate 1/2 of the
concurred with estate
Collateral divided by
Relatives them
(Art. 1001)

P: Follow the rule of preference = The Legitime must be satisfied first; (see Art.895)
R: the share of SS and ILLEGIT CHILD is charged at the FP.
DECEASED LEGIT CHILD ORDER OF
INTESTATE TABLE
INTESTATE SUCCESSION
Relatives Legit Child and their Surviving spouse illegit child Legit Parents Collateral
Surviving descendants including or
legitimated and adopted children Ascendants

A. ONLY full blood A.Always

Bro/sis --Art. 1005 Per CAPITA
B. IF CONCURRED with B. As to NN
NN --Art. 1006 Per STIRPES

ONLY: Half of the

Full/Half Blood Bro/sis share as that
concurred with of the full
Half/Full Blood Bro/sis as the case maybe.. blood
(Art. 1006 and 1008)

Half Blood Bro/Sis ONLY equal

from the father or mother share
side
(Art. 1007)
Other Collateral relatives equal
in default of the brother or sister share
and Nephews and nieces Hence RP shall not extend beyond 5th degree - Art. 1010
(Art. 1009)

in default of any other intestate

heir the state shall succeed
(Art. 1011)

P: Follow the rule of preference = The Legitime must be satisfied first; (see Art.895)
R: the share of SS and ILLEGIT CHILD is charged at the FP.
DECEASED LEGIT CHILD ORDER OF
INTESTATE TABLE
INTESTATE SUCCESSION

P: Follow the rule of preference = The Legitime must be satisfied first; (see Art.895)
R: the share of SS and ILLEGIT CHILD is charged at the FP.
 DECEASED LEGIT CHILD ORDER OF
INTESTATE TABLE
INTESTATE SUCCESSION

ourt held as regards

P: Follow the rule of preference = The Legitime must be satisfied first; (see Art.895)
R: the share of SS and ILLEGIT CHILD is charged at the FP.
 DECEASED LEGIT CHILD ORDER OF
INTESTATE TABLE
INTESTATE SUCCESSION

share as that

P: Follow the rule of preference = The Legitime must be satisfied first; (see Art.895)
R: the share of SS and ILLEGIT CHILD is charged at the FP.
DECEASED ADOPTED CHILD ORDER OF
INTESTATE SUCCESSION
Relatives Surviving: Legal Child and their descendants Surviving spouse OR illegit child Legit Parents OR Ascendants Adopter
Legit children and 1/2 of the estate divided by them same share as that of the remaining or
their descendants each children pursuant to
with the legitime
Surviving Spouse HENCE, no
FC 190; NCC governs Art. 999 distinction WON
acknow or spur
Legit parents OR 1/2 divided by 1/2 divided by
ascendants them them
with as the case maybe
Adopter
FC 190

Adopter 1/2 divided by them 1/2 divided by them

with as the case maybe
Surviving spouse OR
illegit child
FC 190

Adopter 1/3 - SS 1/3 divided by them

with 1/3 - illegit child
Surviving spouse AND divided by them
illegit child
FC 190

Adopter only Entire estate

FC 190

Collateral blood
relatives only
FC 190; NCC governs

Hence must be Illegit Art. 992 Applies

DECEASED ADOPTED CHILD ORDER OF
INTESTATE SUCCESSION

SS with 1/2 - SS 1/2 divided by them

Collaterla blood
DECEASED ILLEGIT CHILD ORDER OF
INTESTATE SUCCESSION
Relatives Surviving Legal Child and their descendants Surviving spouse illegit child Parents or ascendants Relatives

Legit parents only entire estate divided by them

illegit parents only entire estate divivded by them

Legit concurred
with illegit parents 1/2 - legit
1/2 - illegit
Divided by them
(Art. 993; Hence FOLLOW FC 190)

Suviving spouse only entire estate

surviving spouse 1/2 of the estate

with
collateral blood relatives 1/2 of the
WHO ARE ILLEGIT (Art.992 applies) estate
divided
by them
(Art. 994)