succession (homework)-matrix of legitime

8/10/2019 Succession (Homework)-Matrix of Legitime

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Joseph Sante E. Bustamante

LLB4302

Law on Succession

Atty. Fretti G. Ganchoon

Instruction: Completely fill up the matrix below. For the legal basis, cite the Civil Code provision / article

where the heirs / heirs legitime is stated.

Surviving

Compulsory Heirs

Legitime Legal Basis

1. Legitimate

child/children only

of estate divi

ded equallyArticle 888. (par. 1) The legitime of legitimate children

and descendants consists of one-half of the hereditary

estate of the father and of the mother.

2. Legitimate parents /

ascendants only

(proximity,

division by line,

equality withinthe line)

Article 889. (par. 1) The legitime of legitimate parents or

ascendants consists of one-half of the hereditary estates of

their children and descendants.

Article 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 thesurvivor.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 equallybetween both lines. If the ascendants should be of different

degrees, it shall pertain entirely to the ones nearest in

degree of either line. (810)

3. Widow / widower

only

or 1/3 if

articulo mortismarriage; died

within 3 monthsfrom marriage,

has notcohabited for 5

years

Article 900. If the only survivor is the widow or widower,

she or he shall be entitled to one-half of the hereditaryestate 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 testatordied 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 havebeen 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)

4. Illegitimate

child/children only

4/5 of the

legitime of an

acknowledgenatural child.

Article 895 (par. 2) 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-fifthsof the legitime of an acknowledged natural child.

5. Illegitimate parents

only

1/2 Article 903. The legitime of the parents, who have an

illegitimate child, when such child leaves neither legitimate

descendants, nor a surviving spouse, nor illegitimatechildren, 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


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parents of the illegitimate child, the legitime of the parents

is one-fourth of the hereditary estate of the child, and thatof the surviving spouse also one-fourth of the estate

6. Legitimatechild/children

1/2 Article 895. (par. 1 and 2) The legitime of each of theacknowledged 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 anacknowledged natural, nor a natural child by legal fiction,

shall be equal in every case to four-fifthsof the legitime ofan acknowledged natural child.

Illegitimatechild/children

4/5 of anacknowledged

natural child orlegitimate child

7. Legitimate child 1/2 Article 892. (par. 1) If only one legitimate child ordescendant 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 forthe same.

Widow / widower of the

hereditaryestate

8. Legitimate children 1/2 Article 892. (par. 2) If there are two or more legitimate

children or descendants, the surviving spouse shall beentitled to a portion equal to the legitime of each of the

legitimate children or descendants.

Widow / widower Portion equal tothe legitime of

each of the

legitimate

children

9. Legitimate child 1/2 Article 895. (par. 1 & 2) The legitime of each of theacknowledged natural children and each of the natural

children by legal fiction shall consist of one-half of the



shall be equal in every case to four-fifthsof the legitime ofan acknowledged natural child.

Article 892. (par. 1) If only one legitimate child ordescendant 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 spousemay inherit if it was the deceased who had given cause for

the same.

Widow / widower 1/4

Illegitimate

child/children

4/5 of the

legitime of an

acknowledgednatural child.

10. Legitimate children 1/2 Article 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 thelegitime of each of the legitimate children which must be

taken from that part of the estate which the testator can

freely dispose of. (n)

Article 898. If the widow or widower survives with

legitimate children or descendants, and with illegitimate

children other than acknowledged natural, or naturalchildren by legal fiction, the share of the surviving spouse

shall be the same as that provided in the preceding article.

Widow / widower Equal share of

each of the

legitimatechildren

Illegitimate

child/children

4/5 of the

legitime of anacknowledged

natural child.


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Article 895. (par. 1 & 2) The legitime of each of the

acknowledged natural children and each of the naturalchildren by legal fiction shall consist of one-half of the



shall be equal in every case to four-fifthsof the legitime of

an acknowledged natural child.11. Legitimate parents 1/2 Article 893. (par. 1) If the testator leaves no legitimate

descendants, but leaves legitimate ascendants, thesurviving spouse shall have a right to one-fourth of the

hereditary estate.

Article 889. (par. 1) The legitime of legitimate parents or

ascendants consists of one-half of the hereditary estates oftheir children and descendants.

Article 890 (par. 2) 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 ascendantsshould be of different degrees, it shall pertain entirely to

the ones nearest in degree of either line. (810)

Widow / widower 1/4

12. Legitimate parents 1/2 Article 896. Illegitimate children who may survive with

legitimate parents or ascendants of the deceased shall beentitled to one-fourth of the hereditary estate to be taken

from the portion at the free disposal of the testator. (841a)

Article 889. (par. 1) The legitime of legitimate parents orascendants consists of one-half of the hereditary estates of

their children and descendants.


mother, but is survived by ascendants of equal degree ofthe 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 tothe ones nearest in degree of either line. (810)

Illegitimate

child/children

divided

equally

13. Legitimate parents 1/2 Article 903. The legitime of the parents who have anillegitimate child, when such child leaves neither legitimate

descendants, nor a surviving spouse, nor illegitimate

children, is one-half of the hereditary estate of suchillegitimate 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 withparents of the illegitimate child, the legitime of the parentsis one-fourth of the hereditary estate of the child, and that

of the surviving spouse also one-fourth of the estate. (n)


mother, but is survived by ascendants of equal degree ofthe 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 tothe ones nearest in degree of either line. (810)

Illegitimate

child/children

divided

equally

Widow / widower 1/8 or


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Article 899. When the widow or widower survives with

legitimate parents or ascendants and with illegitimatechildren, such surviving spouse shall be entitled to one-

eighthof the hereditary estate of the deceased which must

be taken from the free portion, and the illegitimate childrenshall be entitled to one-fourthof the estate which shall be

taken also from the disposable portion. The testator may

freely dispose of the remaining one-eighth of the estate. (n)14. Widow/widower 1/3 Article 894. If the testator leaves illegitimate children, the

surviving spouse shall be entitled to one-third of thehereditary estate of the deceased and the illegitimate

children to another third. The remaining third shall be at

the free disposal of the testator.

Illegitimate

child/children

1/3 equally

15. Widow/widower 1/4 Article 903. The legitime of the parents who have an

illegitimate child, when such child leaves neither legitimate

descendants, nor a surviving spouse, nor illegitimatechildren, 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 legitimewhatsoever. If only the widow or widower survives withparents 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)

Illegitimate parents 1/4

succession (homework)-matrix of legitime

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