Tables of Legitimes

Succession Law
By. Mylene V. Bendijo
Tables of Legitimes

Combinations
1. LC

Civil Code

Family Code

of estate divided equally (Art. 888)

Art. 888. The legitime of legitimate children and descendants consists of
one-half of the hereditary estate of the father and of the mother.
The latter may freely dispose of the remaining half, subject to the rights
of illegitimate children and of the surviving spouse as hereinafter
provided. (808a)
Art. 889. The legitime of legitimate parents or ascendants consists of onehalf of the hereditary estates of their children and descendants.

2. 1LC, SS

1LC:
SS: (Art. 892)
Art. 892. 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. In case of a legal separation, the surviving spouse may
inherit if it was the deceased who had given cause for the same.
If there are two or more legitimate children or descendants, the surviving
spouse shall be entitled to a portion equal to the legitime of each of the
legitimate children or descendants.
In both cases, the legitime of the surviving spouse shall be taken from the
portion that can be freely disposed of by the testator.

3. LC, SS

LC:
SS: share of 1LC (Art.892)

4. LC, NC

LC:
NC: share of 1LC (Art. 895)
Art. 895. The legitime of each of the acknowledged natural children and
each of the natural children by legal fiction shall consist of one-half of the
legitime of each of the legitimate children or descendants.
The legitime of an illegitimate child who is neither an acknowledged

natural, nor a natural child by legal fiction, shall be equal in every case to
four-fifths of the legitime of an acknowledged natural child.
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 that free portion,
and that the legitime of the surviving spouse must first be fully satisfied.

5. LC, SC

LC:
SC: 2/5 of 1LC

LC:
SC: of 1LC

6. LC, NC, SC

LC:
NC: of 1LC
SC: 4/5 of NC

LC:
NC/SC: of 1LC

7. 1LC, NC, SC, SS

1LC:
NC: of 1LC
SC: 4/5 of NC
SS: (Art.895)

1LC:
NC/SC: of 1LC
SS: (Art.176)

8. LC, NC, SC, SS

LC:
NC: of 1LC
SC: 4/5 of NC
SS: share of 1LC (Art. 897; 898)
Art. 897. When the widow or
widower survives with legitimate
children or descendants, and
acknowledged natural children, or
natural children by legal fiction,
such surviving spouse shall be
entitled to a portion equal to the
legitime of each of the legitimate
children which must be taken from
that part of the estate which the
testator can freely dispose of.
Art. 898. If the widow or widower
survives with legitimate children or
descendants, and with illegitimate
children other than acknowledged
natural, or natural children by legal
fiction, the share of the surviving
spouse shall be the same as that
provided in the preceding article.

LC:
NC/SC: of 1LC
SS: share of 1LC

9. LP

{r3: proximity, division by line, equality within the line} (Art. 889;
890)
Art. 889. The legitime of legitimate parents or ascendants consists of onehalf of the hereditary estates of their children and descendants.
The children or descendants may freely dispose of the other half, subject
to the rights of illegitimate children and of the surviving spouse as
hereinafter provided.
Art. 890. The legitime reserved for the legitimate parents shall be divided
between them equally; if one of the parents should have died, the whole
shall pass to the survivor.
If the testator leaves neither father nor mother, but is survived by
ascendants of equal degree of the paternal and maternal lines, the legitime
shall be divided equally between both lines. If the ascendants should be of
different degrees, it shall pertain entirely to the ones nearest in degree of
either line.

10. LP, NC

LP: {r3}
NC: divided equally (Art. 896)
Art. 896. Illegitimate children who may survive with legitimate parents or
ascendants of the deceased shall be entitled to one-fourth of the hereditary
estate to be taken from the portion at the free disposal of the testator

11. LP, SC

LP: {r3}
SC: divided equally (Art. 896)
Art. 896. Illegitimate children who may survive with legitimate parents or
ascendants of the deceased shall be entitled to one-fourth of the hereditary
estate to be taken from the portion at the free disposal of the testator

12. LP, NC, SC

LP: {r3}
NC/SC: divided equally
ALL NC: divide equally;
ALL SC: divide equally;
SOME NC/SC: (5:4) (Art. 896)
Art. 896. Illegitimate children who
may survive with legitimate parents
or ascendants of the deceased shall
be entitled to one-fourth of the
hereditary estate to be taken from
the portion at the free disposal of
the testator

LP: {r3}
NC/SC: divided equally

13. LP, SS

14. LP, NC, SC, SS

15. NC, SC

16. NC, SC, SS

17. SS

LP: {r3}
SS: (Art.893)
Art. 893. If the testator leaves no legitimate descendants, but leaves
legitimate ascendants, the surviving spouse shall have a right to onefourth of the hereditary estate.
This fourth shall be taken from the free portion of the estate.

LP: {r3}
NC/SC: divided equally
ALL NC: divide equally;
ALL SC: divide equally;
SOME NC/SC: (5:4)
SS: 1/8

LP: {r3}
NC/SC: divided equally
SS: 1/8

ALL NC/SC: equally

SOME NC/SC: (5:4) (Art. 901)
Art. 901. When the testator dies
leaving illegitimate children and no
other compulsory heirs, such
illegitimate children shall have a
right to one-half of the hereditary
estate of the deceased.
The other half shall be at the free
disposal of the testator.

equally

ALL NC/SC: 1/3 equally

SOME NC/SC: (5:4)
SS: 1/3 (Art. 894)

NC/SC: 1/3 divided equally

SS: 1/3

or 1/3 if articulo mortis marriage; died within 3 months from marriage,

has not cohabited for 5 years (Art. 900)
Art. 900. If the only survivor is the widow or widower, she or he shall be
entitled to one-half of the hereditary estate of the deceased spouse, and
the testator may freely dispose of the other half. (837a)
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, the legitime of the surviving spouse as the
sole heir shall be one-third of the hereditary estate, except when they have
been living as husband and wife for more than five years. In the latter
case, the legitime of the surviving spouse shall be that specified in the
preceding paragraph. (n)

18. IP

19. Children of any kind, IP

20. IP, SS

(Art. 903)
The legitime of the parents who have an illegitimate child, when such
child leaves neither legitimate descendants, nor a surviving spouse, nor
illegitimate children, is one-half of the hereditary estate of such
illegitimate child. If only legitimate or illegitimate children are left, the
parents are not entitled to any legitime whatsoever. If only the widow or
widower survives with parents of the illegitimate child, the legitime of the
parents is one-fourth of the hereditary estate of the child, and that of the
surviving spouse also one-fourth of the estate.
Children: #1, 4, 6, 15
IP: excluded by rule of proximity
IP:
SS: (Art. 903) The legitime of the parents who have an illegitimate
child, when such child leaves neither legitimate descendants, nor a
surviving spouse, nor illegitimate children, is one-half of the hereditary
estate of such illegitimate child. If only legitimate or illegitimate children
are left, the parents are not entitled to any legitime whatsoever. If only the
widow or widower survives with parents of the illegitimate child, the
legitime of the parents is one-fourth of the hereditary estate of the child,
and that of the surviving spouse also one-fourth of the estate. (n)

Surviving heir

Intestate share

Illegitimate children

1/2

Surviving spouse

1/2

Illegitimate children

1/4

Surviving spouse

1/4

Legitimate parents

1/2

Illegitimate children

1/2

Legitimate parents

1/2

Legitimate parents

1/2

Surviving spouse

1/2

Illegitimate parents

1/2

Surviving spouse

1/2

Illegitimate children alone

All

Legitimate parents alone

All

Illegitimate parents alone

All

Surviving spouse alone

All

Legitimate children (or their

descendants) alone

All

One legitimate child (or

descendant)

1/2

Surviving spouse

1/2

Two or more legitimate

children (or their descendants)

Surviving spouse

Consider spouse as 1
legitimate child and
divide estate by total
number

Legitimate child
Illegitimate child

Article 176 of the

Family Code
1/2

Surviving spouse

Brothers and sisters (nephews

and nieces, in case of deceased
siblings)

1/2 (divided by the

number of brothers
and sisters; nephews
and nieces of
deceased siblings
divide among
themselves the share
that should have to
their parents)
Art. 1001, NCC