(c) de Jesus, G.A.

/ 3B TABLE OF LEGITIMES WILLS AND SUCCESSION

(BY provision)

Provision Compulsory Heir/s Involved and Circumstances contemplated, if any Legitime/Share

Art. 888 Legitmate children and descendants 1/2 of the hereditary estate of the father and mother

Art. 889 Legitimate parents and ascendants

Legitime of legitimate parents and ascendants in 889 is to be divided between them equally; if one
dies, the whole shall pass to the survivor 1/2 of the hereditary estate of the children and
descendants
Art. 890 If the testator leaves neither father or mother but is survived by ascendants of equal degree of the
paternal and maternal lines, divide the legitime equally between both lines; if they should be of
different degrees, give the entire legitime to the ones nearest in degree

The ascendant who inherits from his descendant any property which the latter may have acquired by gratuitous title from another ascendant, or a brother or
Art. 891 sister, is obliged to reserve such property as he may have acquired by operation of law for the benefit of relatives who are within the third degree and who
belong to the line from which said property came. (RESERVA TRONCAL)

Share of the surviving spouse only one legitimate child or descendant survives. 1/4 of the hereditary estate
Art. 892 Equal to the legitime of each surviving legitimate
Share of the surviving spouse if there are two or more legitimate children or descendants
child or descendant

Share of the surviving spouse if there are only legitimate ascendants and no legitimate 1/4 of the hereditary estate taken from the free
Art. 893 descendants portion

Share of the surviving spouse if there are illegitimate children 1/3 of the hereditary estate

Art. 894 Share of the illegitimate children if they concur with the surviving spouse 1/3 of the hereditary estate

Free portion 1/3 of the hereditary estate

Legitime of the 3 kinds of illegitimate children in the civil code. REPEALED by the FAMILY CODE.
1/2 of the legitime of each legitimate child (Family
Art. 895 Subject to the rule that should the legitime of the illegitimate children should exceed the free Code)
portion, the legitime of the surviving spouse must first be satisfied.

1/4 of the hereditary estate taken from the free

Art. 896 Share of illegitimate children if they survive with legitimate parents or ascendants of the testator
portion

Share of the widow/er when he or she survives with legitimate children/descendants AND Equal to the legitime of each surviving legitimate
Art. 897/898 illegitimate children child (Family Code)

Share of the widow/er if he or she survives with legitimate parents or ascendants AND with 1/8 of the hereditary estate taken from the free
illegitimate children portion
Art. 899
Share of the illegitimate children if they concur with the surviving spouse and legitimate parents/ 1/4 of the hereditary estate taken from the free
ascendants portion

Share of the widow/er if he or she is the only survivor 1/2 of the hereditary estate

If the marriage between the surviving spouse and the testator was solemnized in articulo mortis,
1/3 of the hereditary estate
and the testator died within three months from the time of the marriage
Art. 900
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, BUT they had been living 1/2 of the hereditary estate
as husband and wife for more than 5 years prior thereto.

Art. 901 Share of the illegitimate children if they are the only survivors 1/2 of the hereditary estate

The rights of illegitimate children set forth in the preceding articles are transmitted upon their death to their descendants, whether
Art. 902 legitimate or illegitimate.

Legitime of the parents of an illegitimate child when they are the only survivors 1/2 of the hereditary estate

Legitime of the parents of an illegitimate child if they survive with legitimate or illegitimate
None
descendants
Art. 903
Legitime of the parents of an illegitimate child if they survive only with the spouse of such child 1/4 of the hereditary estate

Legitime of the surviving spouse of an illegitimate child if he or she survives only with the parents
1/4 of the hereditary estate
of such child

That in all things, God may be glorified!

 (c) de Jesus, G.A. / 3B RULES OF INTESTATE WILLS AND SUCCESSION
SUCCESSIOn
Provision Person/s Involved RULE/DIVISION OF ESTATE

SUBSECTION 1 — DESCENDING DIRECT LINE

They succeed their parents and other ascendants without distinction as to sex or age, and even if
they should come from different marriages.
Art. 979
Legitimate (and adopted) children and
descendants An adopted child succeeds to the property of the adopter in the same manner as a legitimate child.

Always inherit in their own right, dividing the inheritance in EQUAL SHARES.

C h i l d re n o f t h e d e c ea s e d +
Children of the deceased = inherit in their own right; per capita; equal shares
descendants of other deceased/
Grandchildren of the deceased from a deceased/incapacitated child = inherit by right of
incapacitated children (i.e.,
representation; per stirpes; only that which the person represented would have received
grandchildren)
Arts. 980-982
They inherit by right of representation
Grandchildren and other descendants
The portion pertaining to him shall be divided among his heirs equally

If any one of them should have died

However, if all the children called to inherit should repudiate — those of the following degree shall
and left several heirs
inherit in their own right. (Art. 969)

Share of illegitimate children in the same proportion prescribed in Art. 895 as repealed by Art. 176
of the Family Code (i.e., 1/2)
Illegitimate children + Legitimate
Art. 983 Children Subject to the rule that the legitime of both types of children should not be impaired. Hence, satisfy
legitimes first. This is necessary since it is possible that there may be more legitimate children than
illegitimate children.

Death of an adopted child who left no His parents and relatives by consanguinity shall be his legal heirs (See pertinent special law for any
Art. 984 descendants modifications to this rule); See pages 411-412, Jurado

SUBSECTION 2 — ASCENDING DIRECT LINE

Art. 895 If only parents and ascendants survive Only they inherit, to the exclusion of the collateral relatives.

Mother and father survive Inherit in equal shares

Art. 896
Only one parent survives He/she alone succeeds to the child’s entire estate

Only ascendants other than the

Those of the nearest degree inherit
mother and father survive

If more than one of equal degree of

Art. 897 the same line survive
Divide the inheritance per capita

If they be of different lines but of

1/2 to the paternal ascendants; 1/2 to the maternal descendants per capita
equal degrees

SUBSECTION 3 — ILLEGITIMATE CHILDREN

Art. 988 If only illegitimate children survive They succeed to the entire estate

Illegitimate children + Descendants of The former succeeds in his own right.

Art. 989 another deceased Illegitimate Child The latter succeeds by right of representation

The hereditary rights granted by the two preceding articles to illegitimate children shall be transmitted upon their death to their
Art. 990 descendants, who shall inherit by right of representation from their deceased grandparent.

That in all things, God may be glorified!

 (c) de Jesus, G.A. / 3B RULES OF INTESTATE WILLS AND SUCCESSION
SUCCESSIOn

Provision Survivor/s RULE/DIVISION OF ESTATE

Legitimate ascendants + Illegitimate
Art. 991 children
1/2 distributed among each group equally

Illegitimate children cannot inherit ab intestato from the legitimate children and relatives of his mother or father. Legitimate children and
Art. 992 relatives cannot inherit in the same way from the illegitimate child.

Mother or father shall succeed the entire estate;

Illegitimate child dies without any
Art. 993 legitimate or illegitimate issue
If filiation is proved as to both living parents, they shall inherit from him and share alike, without
prejudice to the legitime of the surviving spouse

Only surviving spouse surivives Succeeds to the entire estate

Art. 994 Surviving spouse + siblings +

nephews/nieces of the deceased 1/2 to each group equally
spouse

SUBSECTION 4 — SURVIVING SPOUSE

Surviving spouse in the absence of
descendants and ascendants and the Surviving spouse inherits the entire estate without prejudice to the rights of brothers and sisters,
Art. 995 illegitimate of their descendants, nephews and nieces, should there be any (Art. 1001).
whether legitimate or illegitimate

Surviving spouse + Legitimate

Art. 996 children/descendants
Same share as each child

Surviving spouse + Legitimate

Art. 997 parents or ascendants of the deceased 1/2 of the estate to each equally
spouse

Surviving spouse + Illegitimate

Art. 998 Children
1/2 of the estate to each equally

Surviving spouse + Legitimate

children and grandchildren whether
Art. 999 legitimate or not + Illegiitimate Same share as of a legitimate child
children and grandchildren whether
legitimate or not

Legitimate ascendants + Surviving 1/2 to the ascendants; The other 1/2 equally divided between the surviving spouse and the
Art. 1000 spouse _ Illegitimate children illegitimate children so that the widow/er will have 1/4, and such children 1/4

Siblings or their children + Surviving

Art. 1001 spouse
1/2 of the estate to each equally

If the surviving spouse gave cause for

Art. 1002 legal separation
No right

SUBSECTION 5 — COLLATERAL RELATIVES

No descendants/ascendants/surviving Collateral relatives succeed to the entire estate subject to the rules provided for in the succeeding
Art. 1003 spouse articles.

Art. 1004 Only siblings of the full blood survive Divide equally among them

Art. 1005 Siblings + nephews and nieces Siblings inherit per capita; Nieces and nephews inherit per stirpes

That in all things, God may be glorified!

 (c) de Jesus, G.A. / 3B RULES OF INTESTATE WILLS AND SUCCESSION
SUCCESSIOn

Provision Survivors RULE/DIVISION OF ESTATE

Art. 1006 Full blood + half blood siblings Full-blooded siblings entitled to a share double than those of half-blooded siblings

Half-blooded siblings belonging to

Art. 1007 different lines
Inherit in equal shares without distinction as to the origin of the property

Succeed per capita or per stirpes, , in accordance with the rules laid down for brothers and sisters of
Art. 1008 Children of half-blooded siblings
the full blood.

Other collateral relatives succeed without distinction of lines or preference among them by reason
Art. 1009 No siblings nor nieces and nephews
of relationship by the whole blood

Art. 1010 The right to inherit ab intestato shall not extend beyond the fifth degree of relationship in the collateral line.

SUBSECTION 6 - THE STATE

Art. 1011 In default of person entitled to succeed in accordance with the provisions of the preceding Sections, the State shall inherit the whole estate.

In order that the State may take possession of the property mentioned in the preceding article, the pertinent provisions of the Rules of Court
Art. 1012 must be observed.

After the payment of debts and charges, the personal property shall be assigned to the municipality or city where the deceased last resided
in the Philippines, and the real estate to the municipalities or cities, respectively, in which the same is situated.

If the deceased never resided in the Philippines, the whole estate shall be assigned to the respective municipalities or cities where the same
is located.
Art. 1013
Such estate shall be for the benefit of public schools, and public charitable institutions and centers, in such municipalities or cities. The court
shall distribute the estate as the respective needs of each beneficiary may warrant.

The court, at the instance of an interested party, or on its own motion, may order the establishment of a permanent trust, so that only the
income from the property shall be used.

If a person legally entitled to the estate of the deceased appears and files a claim thereto with the court within five years from the date the
Art. 1014 property was delivered to the State, such person shall be entitled to the possession of the same, or if sold, the municipality or city shall be
accountable to him for such part of the proceeds as may not have been lawfully spent.

That in all things, God may be glorified!