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.

1.

Surviving
Compulsory Heirs
Legitimate
child/children only

Legitime

Legal Basis

of estate divi
ded equally

Article 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.
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 the
survivor.
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 ascendants should be of different
degrees, it shall pertain entirely to the ones nearest in
degree of either line. (810)
Article 900. If the only survivor is the widow or widower,
she or he shall be entitled to one-half of the hereditary
estate 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 testator
died 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 have
been 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)
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-fifths
of the legitime of an acknowledged natural child.
Article 903. The legitime of the parents, who have an
illegitimate child, when such child leaves neither legitimate
descendants, nor a surviving spouse, nor illegitimate
children, 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

2.

Legitimate parents / (proximity,

ascendants only
division by line,
equality within
the line)

3.

Widow
only

4.

Illegitimate
child/children only

5.

Illegitimate
only

widower or 1/3 if
articulo mortis
marriage; died
within 3 months
from marriage,
has
not
cohabited for 5
years

4/5
of
the
legitime of an
acknowledge
natural child.
parents 1/2

6.

Legitimate
child/children
Illegitimate
child/children

1/2

Legitimate child
Widow / widower

1/2

of
hereditary
estate

8.

Legitimate children
Widow / widower

9.

Legitimate child
Widow / widower
Illegitimate
child/children

1/2
Portion equal to
the legitime of
each of the
legitimate
children
1/2
1/4
4/5
of
the
legitime of an
acknowledged
natural child.

10.

Legitimate children
Widow / widower

7.

Illegitimate
child/children

4/5
of
an
acknowledged
natural child or
legitimate child

the

1/2
Equal share of
each of the
legitimate
children
4/5
of
the
legitime of an
acknowledged
natural child.

parents 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
Article 895. (par. 1 and 2) The legitime of each of the
acknowledged 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 an
acknowledged natural, nor a natural child by legal fiction,
shall be equal in every case to four-fifths of the legitime of
an acknowledged natural child.
Article 892. (par. 1) If only one legitimate child or
descendant 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 for
the same.
Article 892. (par. 2) If there are two or more legitimate
children or descendants, the surviving spouse shall be
entitled to a portion equal to the legitime of each of the
legitimate children or descendants.

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

acknowledged 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 an
acknowledged natural, nor a natural child by legal fiction,
shall be equal in every case to four-fifths of the legitime of
an acknowledged natural child.
Article 892. (par. 1) If only one legitimate child or
descendant 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 for
the same.
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 the
legitime 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 natural
children by legal fiction, the share of the surviving spouse
shall be the same as that provided in the preceding article.

11.

Legitimate parents
Widow / widower

12.

Legitimate parents
Illegitimate
child/children

13.

Legitimate parents
Illegitimate
child/children
Widow / widower

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

acknowledged 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 an
acknowledged natural, nor a natural child by legal fiction,
shall be equal in every case to four-fifths of the legitime of
an acknowledged natural child.
1/2
Article 893. (par. 1) If the testator leaves no legitimate
descendants, but leaves legitimate ascendants, the
1/4
surviving 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 of
their 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 ascendants
should be of different degrees, it shall pertain entirely to
the ones nearest in degree of either line. (810)
1/2
Article 896. Illegitimate children who may survive with
legitimate parents or ascendants of the deceased shall be

divided entitled to one-fourth of the hereditary estate to be taken

equally
from the portion at the free disposal of the testator. (841a)
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 (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 ascendants
should be of different degrees, it shall pertain entirely to
the ones nearest in degree of either line. (810)
1/2
Article 903. The legitime of the parents who have an

divided illegitimate child, when such child leaves neither legitimate

descendants, nor a surviving spouse, nor illegitimate
equally
children, is one-half of the hereditary estate of such
1/8 or
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
parents 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)
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 ascendants
should be of different degrees, it shall pertain entirely to
the ones nearest in degree of either line. (810)

14.

Widow/widower
Illegitimate
child/children

1/3
1/3 equally

15.

Widow/widower
Illegitimate parents

1/4
1/4

Article 899. When the widow or widower survives with

legitimate parents or ascendants and with illegitimate
children, such surviving spouse shall be entitled to oneeighth of the hereditary estate of the deceased which must
be taken from the free portion, and the illegitimate children
shall be entitled to one-fourth of 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)
Article 894. If the testator leaves illegitimate children, the
surviving spouse shall be entitled to one-third of the
hereditary estate of the deceased and the illegitimate
children to another third. The remaining third shall be at
the free disposal of the testator.
Article 903. The legitime of the parents who have an
illegitimate child, when such child leaves neither legitimate
descendants, nor a surviving spouse, nor illegitimate
children, 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
parents 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)