ASCENDING DIRECT LINE ART.

985 In default of legitimate children and descendants of the deceased, his parents and ascendants shall inherit from him, to the exclusion of collateral relatives
Ex. a died intestate leaving 1 million. Surviving relatives are B, his father, and C (As brother). The whole estate goes to B to the exclusion of C. Ex. A dies leaving B, his legitimate father, and C and D, his (As) illegitimate children. Estate is 1 million. B gets 500,000. C and D each gets 250,000.

ART. 986 The father and mother, if living shall inherit in EQUAL shares. Should only 1 of them survive, he or she shall succeed to the entire estate of the child. (meaning: no right of representation in the ascending line)
Ex. A died intestate leaving 1 million. Surviving him are his father,B; his grandfather,C (father of B); and his grandfather, D (father of As mother). B gets the whole 1 million.

PARTIAL INTESTACY General Rule: Charge the legacies, etc. to the intestate shares of those given by the law (on intestate succession) MORE than their respective legitimes, without however impairing said legitimes. Moreover, the charging must be PROPORTIONATE to the amount in the intestate share over and above that given by law as LEGITIME. RULE: The intestate share is either EQUAL TO, or MORE than the legitime; it can NEVER be less. See ex.in p.493 ART. 992 THE BARRIER BETWEEN THE LEGITIMATE AND THE ILLEGITIMATE FAMILIES An illegitimate child has no right to inherit ab intestate from the legitimate children and relatives of his father or mother; nor shall such children or relatives inherit in the same manner from the illegitimate child. See ex.in p. 495- 496 REASON OF THE BARRIER: The illegitimate child is disgracefully looked dowm upon by the legitimate family; the legitimate family is in turn, hated by the illegitimate child, the latter considers the privileged condition of the former, and the resources of which it is thereby deprived; the former in turn sees in the illegitimate child nothing buut the product of sin, palpable evidence of a blemish broken life; the law does no more than recognize this truth, by avoiding further grounds of resentment. QUESTION: Is an illegitimate child allowed to represent? ANSWER: It depends. 1. NO, if the illegitimate child is going to represent a person who is a legitimate child of the decedent. because of the BARRIER. 2. YES, if the illegitimate child is going to represent a person who is an illegitimate child of the decedent. because there is NO BARRIER. PROBLEMS: 1. A has a legitimate child, B and an illegitimate child C. If B dies survived by nobody except C, will C inherit intestate from B? NO. Because of the BARRIER. 2. A and B are brothers. W is As wife. B has an illegitimate child, C. A dies without a will leaving as claimant heirs, W and C. Who will inherit? W- inherits the entire estate to the exclusion of C because of the BARRIER. 3. A has legitimate child B who had an illegitimate child C. A dies leaving C as the only survivor. Will C inherit intestate from A? NO- because of the BARRIER. An illegitimate daughter whose deceased mother was a legitimate daughter has NO RIGHT whatsoever in the intestate succession of the grandmother, even if the latter died without legitimate descendants surviving her.

ART. 987 In default of the father and mother, the ascendants NEAREST in degree shall inherit Should there be more than 1 of equal degree belonging to the same line they shall divide the inheritance per capita; Should they be of different lines but of equal degree, shall go to the paternal and to the maternal ascendants. In each line the division shall be made per capita. See ex.in p.489 ILLEGITIMATE CHILDREN ART. 988 In the absence of legitimate descendants or ascendants, the illegitimate children shall succeed to the entire estate of the deceased. ART. 989 If, together with illegitimate children, there should survive descendants of another illegitimate child who is dead, the former shall succeed in their own right and the latter by right of representation.
Ex. A has 3 illegitimate children, B, C, and D. E and F are the illegitimate children of D. Estate is 900,000. D predeceases A. B and C gets 300,000 (in their own right) while E and F gets 150,000 each by representation.

ART. 990 TRASMISSION OF HEREDITARY RIGHTS OF ILLEGITIMATE CHILDREN The hereditary rights granted to the illegitimate children shall be transmitted to their descendants (whether legitimate or illegitimate) upon their death. The latter inherit by right of representation. See ex.in p.491 NOTE: ART.990 applies also to disinheritance. But not in repudiation. incapacity and

ART. 991 ILLEGITIMATE CHILDREN CONCURRING WITH LEGITIMATE ASCENDANTS If legitimate ascendants are left, the illegitimate children shall divide the inheritance with them, taking of the estate, whatever be the number of the ascendants or of the illegitimate children.

NOTE: An illegitimate relative, even within the 3rd degree from the propositus, is not entitiled to the benefits of reserve troncal. TAKE NOTE: 4 BAR QUESTIONS in pp.499-450 ART. 993 INHERITANCE BY THE ILLEGITIMATE PARENTS If an illegitimate child should die without issue, either legitimate or illegitimate, his father or mother shall succeed to his entire estate, and if the childs filiation is duly proved as to both parents, who are both living, they shall inherit from him share and share alike.
Ex. A has an illegitimate child B, who has no issue. A succeeds to the entire estate, unless B is proved to be the child also of C. In such case, A and C, if both living, will inherit from B, in equal portions.

ART. 994 INTESTATE SHARES OF SURVIVING SPOUSE In default of the father or mother, an illegitimate child shall be succeeded by his or her surviving spouse, who shall be entitled to the entire estate. 1. Survivor: surviving spouse only- ALL 2. Survivor: surviving spouse, brothers, sisters (illegitimate brothers and sisters)- NOTE: if there are nephews and nieces who concur with the brothers or sisters, the former inherit by right of representation 3. Survivors: brother, sisters, nephews and niecesTHEY GET ALL See ex.p. 505 RESUME OF THE ORDER OF INTESTATE SUCCESSION TO THE ESTATE OF AN ILLEGITIMATE CHILD 1. Legitimate children and legitimate descendants 2. Illegitimate children and descendants (whether legitimate or illegitimate 3. Illegitimate parents NOTE: that an illegitimate decedent has no legitimate ascendants 4. Surviving spouse Illegitimate brothers and sisters, nephews and nieces 5. The State