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Jenelyn B.

Legaspi Succession The following are illustrations for the amounts of legitimes which the compulsory heirs may recover by applying the provisions of Articles 888 to 903 of the New Civil Code: Note: The value of the estate is One Million Pesos (Php. 1,000,000.00) I. Legitimate children surviving: of the estate, in equal portions whether they survive alone or with concurring compulsory heirs (Art 888). Illustration: A and B are legitimate children. They will be inheriting of the estate. The which is Php. 500,000.00 shall be divided equally to them. Thus: As share ( 1st legitimate child) = Php. 250,000.00 Bs share ( 2nd legitimate child)= Php. 250,000.00 In the given example, the free portion is Php. 500,000.00. Assuming there is only one surviving child, A. A will inherit the entire of the estate. The other half shall be the free portion. II. One legitimate child and the surviving spouse: legitimate child, of the estate (Art. 888); the surviving spouse, of the estate (Art. 892, par 1). Illustration: A, a legitimate child, will get of the estate which is Php. 500,000.00 The surviving spouse will get of the estate which is Php. 250,000.00 The remaining free portion shall be Php. 250,000.00. Legitimate children and the surviving spouse: legitimate children, in equal portions, of the estate ( Art 888); the surviving spouse, a share equal to that of each child (Art. 892, par. 2). Illustration: A and B are legitimate children. C is the surviving spouse. The legitimate children will get of the estate which is Php. 500,000.00 which shall be equally divided to them. And the surviving spose C shall get a share equal to that of each child which is Php. 250,000.00. Thus: As share= Php. 250,000.00 Bs share= Php. 250,000.00 Cs share= Php. 250,000.00 Remaining free portion= Php. 250,000.00 Legitimate children and illegitimate children: Legitimate children, in equal portions, of the estate (Art. 888) each illegitimate child of the share of each legitimate child (Art. 176 Family Code).

III.

IV.

Illustration: A and B are legitimate Children. C is an illegitimate child. The legitimate children, A and B, will get of the estate which is Php. 500,000.00 which shall be equally divided to them. The illegitimate child, C, will get of the share of each legitimate child which is Php 125,000.00 to be taken from the free portion. Thus: As share ( 1st legitimate child)= Php. 250,000.00 Bs share ( 2nd legitimate child) = Php. 250,000.00 Cs share (illegitimate child) = Php. 125,000.00 Remaining free portion= Php. 375,000. 00 V. One legitimate child, illegitimate children, and the surviving spouse: legitimate child, of the estate (Art. 888) each illegitimate child, of share of each legitimate child (Art. 176 Family Code) the surviving spouse, of the estate (Art. 892 par 1). The share of the surviving spouse having preference over those of the illegitimate children, whose share may suffer reduction pro rata because there is no preference as among themselves (Art. 895, last par). Illustration: A is a legitimate child. B and C are illegitimate children and D is the surviving spouse. The legitimate child, A, shall get of the estate which is Php. 500,000.00. The surviving spouse, D, will get of the estate which is Php250, 000.00. And the illegitimate children, B and C, should get Php. 250,000 each ( of the share of the legitimate child). However, since the only remaining portion after satisfying the share of the surviving spouse is Php. 250,000.00 the share of the illegitimate children shall suffer reduction pro rata. Illegitimate children, B and C, can only have a share of Php. 125,000. 00 each. Thus: As share (only legitimate child) = Php. 500,000.00 Bs share (1st illegitimate child)= Php. 125,000.00 Cs share ( 2nd illegitimate child)= Php. 125, 000.00 Ds share (surviving spouse) = Php. 250,000.00 Remaining free portion= NONE Legitimate children, illegitimate children and surviving spouse: The children receive the same as in number V. The surviving spouse gets a share equal to that of each legitimate child ( Arts. 892, par 2, 897 and 898). Illustration: A and B are legitimate children. C and D are illegitimate children. E is the surviving spouse. The legitimate children, A and B will get of the estate which is Php. 500,000.00. The share of the surviving spouse, E, is Php. 250,000.00. The illegitimate children, C and D, should get Php 125,000.00 each ( share of each legitimate child). However, since the remaining portion after satisfying the share of the surviving spouse is only Php. 250,000.00 the share of the illegitimate children shall suffer reduction pro rata. The illegitimate children shall only have a share of Php. 125,000.00 each. Thus: As share ( 1st legitimate child)= Php. 250,000.00

VI.

Bs share (2nd legitimate child)= Php. 250,000.00 Cs share ( 1st illegitimate child) = Php. 125,000.00 Ds share ( 2nd illegitimate child) = Php. 125, 000.00 Es share (surviving spouse) = Php. 250,000.00 Remaining free portion = NONE VII. Legitimate parents: of the estate whether they survive alone or with concurring compulsory heirs (Art. 889). Illustration: A and B are the legitimate parents. They survive alone. Their share shall be of the estate which is Php. 500.000.00. Thus: As share (mother) = Php. 250,000.00 Bs share (father) = Php.250, 000.00 Remaining free portion= Php.500, 000.00 Legitimate parents and illegitimate children: Legitimate parents, of the estate (Art.889); illegitimate children, in equal shares, of the estate (Art. 896). Illustration: A and B, are the legitimate parents. C and D are illegitimate children. The legitimate parents, A and B, will get of the estate which is Php.500, 000.00. The illegitimate children, C and D, will get of the estate which is Php. 250,000.00. Thus: As share (mother) = Php.250, 000.00 Bs share (father) = Php. 250,000.00 Cs share (1st illegitimate child) = Php. 125,000.00 Ds share (2nd illegitimate child) = Php. 125,000.00 Remaining free portion= Php. 250, 000.00 Legitimate parents and surviving spouse: legitimate parents, of the estate (Art. 889); the surviving spouse, of the estate ( Art. 893). Illustration: A and B are the legitimate parents. C is the surviving spouse. The legitimate parents, A and B, will get of the estate which is Php. 500,000.00. The surviving spouse, C, will get of the estate which is Php. 250, 000.00. Thus: As share (father)= Php. 250,000.00 Bs share (mother)= Php. 250,000.00 Cs share (surviving spouse)= Php. 250,000.00 Remaining free portion= Php. 250,000.00 Legitimate parents, illegitimate children and surviving spouse: Parents and children same as number. VIII; the surviving spouse, 1/8 of the estate (Art. 899). Illustration: A and B are the legitimate parents. C and D are the illegitimate children. E is the surviving spouse. The legitimate parents, A and B, will get of the estate which is Php. 500,000.00. The surviving spouse, E, shall get 1/8 of the estate which is Php.

VIII.

IX.

X.

125,000.00. The illegitimate children, C and D, will get of the estate which is Php. 250,000.00. Thus: As share (mother)= Php. 250,000.00 Bs share ( father) = Php. 250,000.00 Cs share ( 1st illegitimate child) = Php 125,000.00 Ds share ( 2nd illegitimate child)= Php. 125, 000.00 Es share ( surviving spouse)= Php. 125,000.00 Remaining free portion= Php. 124, 000.00 XI. Illegitimate children alone: all together get of the estate (Art. 901). They divide this proportionally. Illustration: A and B are illegitimate child surviving alone. They will get of the estate which is Php. 500,000.00. Thus: As share (1st illegitimate child)= Php. 250,000.00 Bs share (2nd illegitimate child)= Php. 250, 000.00 Remaining free portion= Php. 500,000.00 Illegitimate children and the surviving spouse: all the children together divide the 1/3 of the estate equally (Art. 894); the surviving spouse 1/3 of the estate ( Art. 894). Illustration: A and B are illegitimate children. C is the surviving spouse. The illegitimate children, A and B, will get 1/3 of the estate which is Php. 333,333.33 to be divided equally between them. The surviving spouse will get 1/3 of the estate which is Php. 333,333.33. Thus: As share ( 1st illegitimate child)= Php 166,666.67 Bs share (2nd illegitimate child)= Php 166,666.67 Cs share (surviving spouse)= Php. 333,333.33 Remaining free portion=Php.333,333.34 Surviving spouse alone: of the estate or 1/3 if marriage is in articulo mortis and decease dies within 3 months after marriage ( Art. 900). Illustration: A is the surviving spouse. A will get of the estate which is Php. 500,000.00. The remaining half is the free portion. However if the marriage is in articulo mortis and the decease dies within 3 months after marriage, the surviving spouse, A, will get only 1/3 of the estate which is Php. 333,333.33. In the latter, the remainder which is Php. 666,666.67 shall be the free portion.

XII.

XIII.

XIV.

Illegitimate parents alone: of the estate (Art. 903). Illustration:

A and B are the illegitimate parents of the deceased. They will get of the estate which is Php. 500,000.00 to be equally divided to them. Thus A will get Php.250,000.00 and B will also get Php 250,000.00. The remaining Php. 500,000.00 will be the free portion. XV. Illegitimate parents and children of any class: illegitimate parents, none (Art. 903); children, same as in Nos. I, VI and XI as the case maybe. Illustration: Kindly refer to illustrations set forth under Nos. I, VI and XI. Illegitimate parents and surviving spouse: Illegitimate parents, of the estate; the surviving spouse, of the estate ( Art. 903). Illustration: A and B are illegitimate parents of the deceased. C is the surviving spouse. The illegitimate parents, A and B, will get of the estate which is Php. 250,000.00 to be equally divided to them. Thus, A will get Php. 125,000.00. B will also get Php. 125,000.00; the surviving spouse, C, will get of the estate which Php. 250,000.00. Thus the remaining free portion is Php. 500,000.00.

XVI.

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