Table of legitimes and shares from the free portion

of the estate
Posted on September 18, 2016 by PROF. ALVIN CLARIDADES

2 Votes

Table of legitimes and shares from the free portion of the estate

Combinations of Compulsory Heirs Legitime under the Civil Code, as amended

One half (1/2) of the hereditary estate to be divided equally among the le

1. Legitimate children of the testator 888, CC), irrespective whether they survive alone or with concurring

2. Legitimate parents, whether they survive alone or concur with One half (1/2) of the estate goes to the legitimate parents to be divided eq

illegitimate children and surviving spouse 889 & 890, CC)

3. Ascendants of equal degree of the paternal and maternal lines, One half (1/2) of the estate to be divided equally between them. It pertain

if testator has no child or leaves neither father nor mother nearest in degree of either line (Arts. 890, CC)

One half (1/2) of the estate (legitime) goes to the legitimate child (Art. 88

4. One (1) legitimate child and surviving spouse One fourth (1/4) of the estate (free portion) goes to the surviving spouse

One half (1/2) of the estate (legitime) to be divided among the legitimate

CC); and

Surviving spouse gets a share (from the free portion) equal to the legitim

5. Two (2) or more legitimate children and surviving spouse legitimate children (Arts. 892, CC)

One half (1/2) of the estate (legitime) goes to the legitimate parents (Arts

6. Legitimate parents and surviving spouse One fourth (1/4) of the estate (free portion) goes to the surviving spouse

7. Illegitimate children and surviving spouse One third (1/3) of the estate (legitime) goes to the illegitimate children; a
 One third (1/3) of the estate (legitime) goes to the surviving spouse (Art.

One half (1/2) of the hereditary estate (legitime) to be divided equally am

children (Art. 888, CC); and

Each illegitimate child gets a share (from the free portion) equal to one h

of each of the legitimate children (Arts. 895, CC)

All the concurring heirs get their shares from the free portion. The surviv

over the illegitimate children whose share in the inheritance may suffer a

8. Legitimate and illegitimate children rata) reduction.

One half (1/2) of the estate (legitime) goes to the legitimate parents (Art.

9. Legitimate parents and illegitimate children One fourth (1/4) of the estate (free portion) goes to the illegitimate childr

One half (1/2) of the estate (legitime) to be divided among the legitimate

10. Legitimate and illegitimate children and surviving spouse Each illegitimate child gets a share (from the free portion) equal to one h
 of each of the legitimate children;

Surviving spouse gets a share (from the free portion) equal to the legitim

legitimate children (Arts. 892, CC) (Arts. 897 and 898, CC)

One half (1/2) of the estate (legitime) to be divided equally between the l

889 & 890, CC);

One fourth (1/4) of the estate (free portion) goes to the illegitimate ch

11. Legitimate parents, illegitimate children and surviving spouse One eighth (1/8) of the estate (free portion) goes to the surviving spou

One half (1/2) of the estate (legitime) goes to the surviving spouse;

But the share is reduced to one third (1/3) of the estate in the case of mar

12. Surviving spouse mortis and the testator died within three (3) months from its solemnizatio

13. Illegitimate children One half (1/2) of the estate (legitime) goes to the illegitimate children (A
14. Illegitimate parents One half (1/2) of the estate (legitime) of the illegitimate child (Art. 903, C

15. Illegitimate parents and surviving spouse of the illegitimate One fourth (1/4) of the estate (legitime) goes to the illegitimate parents; a

child One fourth (1/4) of the estate (legitime) goes to the surviving spouse (Art