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“The legitime of
each illegitimate child shall consist of one-half of the legitime of a
legitimate child.” So how come these blogs and websites say that an
illegitimate child will get exactly what a legitimate child will get by way of
inheritance?
The books on civil law by the late Justice Edgardo L. Paras are still the premier
textbooks for law students and lawyers. In his Pre-Week Handbook on Civil Law
(pages 274 and 275, 1989 Edition), Justice Paras gives an example of how to
compute the legitimes of legitimate and illegitimate children:
Special Rule If Legitimate and Illegitimate Children Survived Together, With
or Without the Surviving Spouse
1. First divide the estate among them in the proportion of 10, 5 (10 — for each
legitimate child, 10 — for the surviving spouse, 5 — for each illegitimate child) —
PROVIDED that with this proportion, the legitimes of the legitimate children and
of the surviving spouse are NOT decreased. (Reason: the intestate sharesaxe
either the SAME or GREATER than the legitimes; NEVER LESSER).
2. If said legitimes are impaired, just give the legitimes – and these will also be
their INTESTATE shares.
Examples
Total: 15 shares
3X = Php 30,000.00
X = Php 22,222.22 (the share of each of the legitimate children and of the
surviving spouse)
X/2 = Php 11,111.11 (the share of the illegitimate child in view of Article 176)
A probate court applying the state inheritance laws first deducts from the estate the funeral
expenses and any unpaid medical bills, taxes, family allowance expenses, and other debts owed.
If the decedent was married, the surviving spouse receives all of the community property. If the
decedent has a surviving spouse and no children, parents, siblings, nieces, or nephews, the entire
estate, after these deductions, goes to the spouse. If there is one child, grandchild, parent, or
sibling, the surviving spouse receives one-half of the intestate estate and the other surviving
relative receives the other half. If there is more than one child, more than one grandchild, or at
least one child and one grandchild, the spouse receives one-third of the intestate estate and
surviving children and/or grandchildren receive equal shares of whatever is left of the estate after
the spouse's share is deducted. If one of the decedent's children dies before the decedent, that
child's share passes to his or her living descendants. Anyone entitled to inherit a portion of an
intestate decedent's estate is known as an heir