Alfonso, Carlo P.

JD4301

SUCCESSION
Atty. Fretti G. Ganchoon

HOMEWORK

Surviving Heirs Legitime Legal Basis Legal Share Legal Basis

1. Legitimate 1/2 ART. 888 Whole estate ART. 979

children/descendants
only

2. Legitimate 1/2 ART. 889 Whole estate ART. 986

parents/ascendants if one parent
only only; 1/2 to
each parent
if both are
alive

3. Surviving Spouse only 1/2 unless ART. 990 Whole estate ART. 995 &
the testator ART. 994 (1st
and the par.)
surviving
spouse
married in
articulo
mortis and
the testator
died within 3
months from
the time of
such
marriage, in
which case
the legitime
of the
surviving
spouse as
sole heir is
1/3; except if
living as
husband and
wife for more
than 5 years,
then the
legitime shall
be 1/2.

4. Illegitimate 1/2 ART. 901 Whole estate ART. 988

children/descendants
only

5. Illegitimate parents 1/2 ART. 90 Whole estate ART. 993

Alfonso, Carlo P.
JD4301

only

6. Legitimate children LC- 1/2 ART. 895 as LC- 1/2 ART. 983 in
with illegitimate amended by rel. to ART.
children ILC- 1/2 of ART. 176 of ILC- 1/2 of 895 as
the legitime the Family the share of amended by
of each LC Code each LC ART. 176 of
the Family
Code.

7. Legitimate child with LC- 1/2 ART. 892 LC- 1/2 ART. 996
Surviving spouse
SS- 1/4 SS- 1/2

8. Legitimate children LC- 1/2 ART. 892 Divide estate ART. 996
with Surviving spouse by total no. of
SS- same LC plus the
share as SS. SS is
each LC considered
as 1 child.

9. Legitimate child with LC- 1/2 ARTS. 892, LC- 1/2 ART. 983, in
Surviving spouse and 895, 896, rel. to ART.
illegitimate children SS- 1/4 897, & 898 of SS- same 895 as
share as
ILC- 1/2 of the Civil
each LC.
amended by
the egitime Code. ART. 176 of
of each LC ILC- 1/2 of the Family
ART. 176 of Code and
the Family the legal
ART. 999 &
Code. share of
each LC. ART. 996 of
the Civil
Code

10. Legitimate children LC- 1/2 ART. 897 LC- 1/2 ART. 983 in
with Surviving spouse rel. to ART.
and illegitimate SS- same ART. 898 in SS- same 895 as
children share as rel. to ART. share as amended by
each LC 895, as each LC ART. 176 of
amended by the Family
ILC- ½ of the ART. 176 of ILC- 1/2 of
legitime of a the the legal Code & ART.
Family 999 of the
LC Code. share of
each LC Civil Code

11. Legitimate parents LP- 1/2 ART. 893 & LP- 1/2 ART. 997
with Surviving spouse ART. 889
SS- 1/4 SS- 1/2

12. Legitimate parents LP- 1/2 ART. 889 & LP- 1/2 ART. 991
with illegitimate ART. 896
children ILC- 1/4 ILC- 1/2

13. Legitimate parents LP- 1/2 ART. 899 LP- 1/2 ART. 1000
with illegitimate
children and Surviving ILC- 1/4 ILC- 1/4
spouse SS- 1/8 SS- 1/4
Alfonso, Carlo P.
JD4301

14. Surviving spouse with SS- 1/3 ART. 894 SS- 1/2 ART. 998
illegitimate children
ILC- 1/3 ILC- 1/2

15. Surviving spouse with SS- 1/4 ART. 903 SS- 1/2 ART. 997 by
illegitimate parents analogy
ILP- 1/4 ILP- 1/2

16. Surviving spouse with SS- 1/2 ART. 900 SS- 1/2 ART. 1001
legitimate brothers
and sisters, nephews Legitimate Brothers,
and nieces brothers and sisters,
sisters, nephews and
nephews and nieces- 1/2
nieces- N/A

17. Surviving spouse with SS- 1/2 ART. 900 SS- Whole ART. 1001 in
illegitimate brothers estate relation to
and sisters, nephews Illegitimate ART. 992 (on
and nieces brothers and Illegitimate presumption
sisters, brothers and that the
nephews and sisters, decedent is
nieces- N/A nephews and LC)
nieces- N/A
(on the
presumption
that the
decedent is
LC)