Anda di halaman 1dari 2

TRUTH. HONOR. EXCELLENCE.

#ConsentIsSimple
#BelieveSurvivors
#MenCanStopRape

LC = 1/2
“Consensual sex is just sex. To say that implies that there is such a thing
SS = share of 1 LC whole estate divided equally
as ‘non consensual sex’ which, there isn’t. That’s rape. That is what it LC and SS
FP = whatever is left after LC and SS (SS is counted as 1 LC)
needs to be called. There is only sex or rape. Do not teach people that rape
get their shares (if any)
is just another type of sex. They are two very separate events. You
wouldn’t say ‘breathing swimming’ and ‘non breathing swimming’. You say
1 LC = 1/2
swimming and drowning.” LC = 1/2

1 LC and SS SS = 1/4 of the estate

SS = 1/2 (FP goes here)
FP: 1/4
There is no such thing as consensual sex. If it’s not consensual, it’s not sex.
It’s rape. (apply legitimes first before
LC = 1/2 dividing FP into intestate
IC = 1/2 share of 1 LC shares)
^@^ *LC and IC
FP: whatever is left after LC and IC get LC = 1/2
their shares (if any) each IC gets 1/2 share of 1
Legend: LC
L = Legitimate A = Ascendant S = Sister
I = Illegitimate D = Descendant NN = Nieces/Nephews (apply legitimes first before
C = Children SS = Surviving Spouse FP = Free Portion LC = 1/2 dividing FP into intestate
P = Parent B = Brother U/A = Uncles and Aunts IC = 1/2 share of of 1 LC shares)
*LC, IC, and SS SS = share of 1 LC LC = 1/2
* Dangerous Combinations — in total intestacy, apply the legitimes FIRST in these two FP = whatever is left after LC, IC, and IC gets 1/2 share of 1 LC
combinations before computing for the total intestacy shares SS get their shares (if any) each
SS = counted as 1 LC
Partial Intestacy – in partial intestacy, there’s a small portion left after the legitimes, and
testamentary dispositions are given. This free portion left is then added to the share of the 1 LC = 1/2
beneficiary who should have received the whole free portion had it not been for the IC = 1/2 share of 1 LC
testamentary disposition. 1 LC, IC, and SS SS = 1/4
FP = whatever is left after the 1 LC, IC,
e.g. X dies leaving his parents, and wife as his compulsory heirs. In his will, he states that he and SS get their shares (if any)
wants to give Ateneo Law School 1/8 of his estate. His estate is worth P12M.
whole estate divided equally
Legitimes: LP = 1/2
LP (observe rule of division of
LP = 1/2 of P12M = P6M FP = 1/2
line)
SS = 1/4 of P12M = P3M
Ateneo Law School = 1/8 of P12M = P1.5M LP = 1/2
LP = 1/2
Leftover/Free Portion = P1.5 M (partial intestacy —> to whom will this go to?) LP and IC IC = 1/4
IC = 1/2 (FP goes here)
FP = 1/4
If X did not leave Ateneo Law School 1/8 of his estate, his wife would have received the
remaining FP. But since he did, and the FP was not totally consumed, the remaining portion LP = 1/2 LP = 1/2
LP and SS
left, which is the other 1/8, should be given to the wife (who would’ve received it had it not SS = 1/4 SS = 1/2 (FP goes here)
been for ALS. This is partial intestacy.
LP = 1/2
LP = 1/2
IC = 1/4
LP, IC, and SS IC = 1/4
Combination Legitime Intestacy SS = 1/8
SS = 1/4 (FP goes here)
FP = 1/8
whole estate divided equally
LC = 1/2
LC (FP goes here in total SS SS = 1/2 whole estate
FP = 1/2
intestacy)

Consent is inherent in sex. 1


3D2019 Succession | Atty. Ruben Balane If there is no consent, it is not sex. It is rape. #EndRapeCulture
TRUTH. HONOR. EXCELLENCE. #ConsentIsSimple
#BelieveSurvivors
#MenCanStopRape

SS = 1/2
SS = 1/3
IC = 1/2
SS and IC IC = 1/3
(FP goes to both SS and IC
FP = 1/3
in total intestacy)

SS = 1/2
SS = 1/4
IP = 1/2
SS and IP IP = 1/4
(FP goes to both SS and IP
FP = 1/2
in total intestacy)

whole estate divided equally


IC = 1/2
IC (FP goes here in total
FP = 1/2
intestacy)

whole estate divided equally


IP = 1/2
IP (FP goes here in total
FP = 1/2
intestacy)

whole estate divided equally


LB and/or LS No Legitime (follow 2:1 ratio if mixed
blood/half siblings)

LB and/or LS = 1/2
LB and/or LS = no legitime
LB and/or LS SS = legitime only (1/2)
SS = 1/2
and SS (FP goes to the LB and/or LS
FP = 1/2
in total intestacy)

whole estate divided equally


IB and/or IS No Legitime
among half blood siblings

IB and/or IS = no legitime IB and/or IS = 1/2


IB and/or IS and
SS = 1/2 SS = legitime only (1/2)
SS
FP = 1/2 (FP goes to the IB and/or IS)

whole estate divided equally


NN No Legitime (follow 2:1 ratio if mixed
blood)

NN = whole estate divided


NN and U/A No Legitime equally
U/A = excluded

whole estate divided equally;


nearer exclude more remote
Other collaterals No Legitime
(FP goes here in total
intestacy)

whole estate goes to LGU


State No Legitime
where decedent last lived

Consent is inherent in sex. 2


3D2019 Succession | Atty. Ruben Balane If there is no consent, it is not sex. It is rape. #EndRapeCulture