INTESTACY Rules of Exclusion and Concurrence (Note: Children include, in proper cases, other descendants; and parents, other

ascendants.)

Legitimate children

1. 2. 3. 1. 2.

Illegitimate children

Legitimate parents

3. 1. 2. 3. 1. 2. 3. 1. 2.

Illegitimate parents

Surviving spouse

Brothers & Sisters, Nephews & Nieces

3. 1. 2. 3. 1. 2. 3.

Other Collaterals

State

1. 2. 3.

Exclude parents, collaterals & State Concur with surviving spouse & illegitimate children Are excluded by no one Exclude illegitimate parents, collaterals & State Concur with surviving spouse, legitimate children, & legitimate parents Are excluded by no one Exclude collaterals & State Concur with illegitimate children & surviving spouse Are excluded by legitimate children Exclude collaterals & State Concur with surviving spouse Are excluded by legitimate children & illegitimate children Excludes collaterals other than brothers, sisters, nephews & nieces, & State Concurs with legitimate children, illegitimate children, legitimate parents, illegitimate parents, brothers, sisters, nephews & nieces Is excluded by no one Exclude all other collaterals & the State Concur with surviving spouse Are excluded by legitimate children, illegitimate children, legitimate parents, and illegitimate parents Exclude collaterals in remoter degrees & the State Concur with collaterals in the same degree Are excluded by legitimate children, illegitimate children, legitimate parents, illegitimate parents, surviving spouse, brothers & sisters, and nephews & nieces Excludes no one Concurs with no one Is excluded by everyone

Combinations in Intestate Succession (found passim in Article 978, et seq.) 1. 2. Legitimate children alone Legitimate children & illegitimate The whole estate, divided equally The whole estate, each illegitimate Article 979 Article 983 &

children 3. 4. Legitimate children & surviving spouse Legitimate children, surviving spouse & illegitimate children

5. 6. 7.

Legitimate parents alone Legitimate ascendants (other than parents) alone Legitimate parents & illegitimate children Legitimate parents & surviving spouse Legitimate parents, surviving spouse, illegitimate children

8. 9.

10. 11. 12. 13.

Illegitimate children alone Illegitimate children & surviving spouse Surviving spouse alone Surviving spouse & illegitimate parents Surviving spouse & legitimate brothers & sisters, nephews & nieces

child getting the share of one legitimate child The whole estate, divided equally (the surviving spouse counted as one legitimate child) The whole estate, the surviving spouse being counted as one legitimate child and each illegitimate child getting the share of one legitimate child The whole estate, divided equally The whole estate, observing, in proper cases, the rule of division by line Legitimate parents of the estate Illegitimate children of the estate Legitimate parents of the estate Surviving spouse of the estate Legitimate parents of the estate Surviving spouse of the estate Illegitimate children of the estate The whole estate, divided equally Illegitimate children of the estate Surviving spouse of the estate The whole estate Surviving spouse of the estate Illegitimate parents of the estate of the estate Surviving spouse of the estate Legitimate brothers, sisters, nephews, nieces of the estate (the nephews and nieces inheriting by representation, in the proper cases) Surviving spouse of the estate Illegitimate brothers, sisters, nephews, nieces of the estate (the nephews and nieces inheriting by representation, in the proper cases) The whole estate Illegitimate parents excluded Children inherit in accordance with Nos. 1, 2, 10 The whole estate, with a brother/sister of the half-blood

176 (FC) Article 996 Article 999 & 176 (FC)

Article 985 Article 987 Article 991

Article 997 Article 1000

Article 988 Article 998 Articles 994 & 995 No article governing (by analogy with Article 997) Article 1001

14.

15.

Surviving spouse & illegitimate brothers & sisters, nephews & nieces

Article 994 (Who are the illegitimate brothers and sisters?) Article 993 Article 993 Articles 1004 & 1006

16. 17. 18.

Illegitimate parents alone Illegitimate parents & children of any kind Legitimate brothers & sisters alone

19.

Legitimate brothers & sisters, nephews & nieces

20.

Nephews & nieces with uncles & aunts Illegitimate brothers and sisters alone Illegitimate brothers, sisters, nephews, and nieces Nephews & nieces alone Other collaterals State

21. 22. 23. 24. 25. 1.

inheriting the share of a brother/sister of the full-blood The whole estate, observing the 2:1 proportion of full- and half-blood fraternity (No. 18) and the nephews and nieces inheriting by representation in the proper cases 1009 by inference uncles and aunts excluded nephews and nieces inheriting in accordance with No. 23 The whole estate, observing the 2:1 proportion of full- and half- blood fraternity by analogy with No. 18 The whole estate, as in No. 19 The whole estate, per capita, but observing the 2:1 proportion for the full- and the half- blood The whole estate, per capita, the nearer in degree excluding the more remote The whole estate

Articles 1005 & 1008

No article governing Articles 975 & 1008 Articles 1009 & 1010 Article 1011

2.

Assignment & disposition of decedents assets: a. If decedent was a resident of the Philippines at any time: i. Personal property to municipality of last residence ii. Real property where situated b. If decedent never a resident of the Philippines: i. Personal and real property where respectively situated How property is to be used: a. For the benefit of public educational and charitable institutions in the respective municipal/cities b. Alternatively, at the instance of an interested party, or motu proprio, court may order creation of a permanent trust for the benefit of the institutions concerned