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Heirs Legitime under the Civil Code, as

amended
1. Legitimate children of the testator One half (1/2) of the hereditary estate to
be divided equally among the legitimate
children (Art. 888, CC), irrespective
whether they survive alone or with
concurring compulsory heirs
2. Legitimate parents, whether they One half (1/2) of the estate goes to the
survive alone or concur with legitimate parents to be divided equally
illegitimate children and between (Arts. 889 & 890, CC)
surviving spouse
3. Ascendants of equal degree of the One half (1/2) of the estate to be
paternal and maternal lines, if divided equally between them. It
testator has no child or leaves pertains entirely to the ones nearest in
neither father nor mother degree of either line (Arts. 890, CC)
4. One (1) legitimate child and One half (1/2) of the estate (legitime)
surviving spouse goes to the legitimate child (Art. 888,
CC); and

One fourth (1/4) of the estate (free


portion) goes to the surviving
spouse (Arts. 892, CC)

5. Two (2) or more legitimate One half (1/2) of the estate (legitime) to
children and surviving spouse be divided among the legitimate
children (Art. 888, CC); and

Surviving spouse gets a share (from the


free portion) equal to the legitime of
each of the legitimate children (Arts.
892, CC)

6.  Legitimate parents and surviving One half (1/2) of the estate (legitime)
spouse goes to the legitimate parents (Arts. 889
& 890, CC); and

One fourth (1/4) of the estate (free


portion) goes to the surviving
spouse (Arts. 893, CC)
7.  Illegitimate children and One third (1/3) of the estate (legitime)
surviving spouse goes to the illegitimate children; and

One third (1/3) of the estate (legitime)


goes to the surviving spouse (Art. 894,
CC);

8. Legitimate and illegitimate One half (1/2) of the hereditary estate


children (legitime) to be divided equally among
the legitimate children (Art. 888,
CC); and

Each illegitimate child gets a share


(from the free portion) equal to one
half (1/2) of the legitime of each of the
legitimate children (Arts. 895, CC)

All the concurring heirs get their shares


from the free portion. The surviving
spouse is preferred over the illegitimate
children whose share in the inheritance
may suffer a proportionate (pro rata)
reduction.

9. Legitimate parents and One half (1/2) of the estate (legitime)


illegitimate children goes to the legitimate parents (Art. 889,
CC); and

One fourth (1/4) of the estate (free


portion) goes to the illegitimate
children (Art. 896, CC)

10.Legitimate and illegitimate One half (1/2) of the estate (legitime) to


children and surviving spouse be divided among the legitimate
children (Art. 888, CC);

Each illegitimate child gets a share


(from the free portion) equal to one
half (1/2) of the legitime of each of the
legitimate children;

Surviving spouse gets a share (from the


free portion) equal to the legitime of
each of the legitimate children (Arts.
892, CC) (Arts. 897 and 898, CC)

11.Legitimate parents, illegitimate One half (1/2) of the estate (legitime) to


children and surviving spouse be divided equally between the
legitimate parents (Arts. 889 & 890,
CC);

One fourth (1/4) of the estate (free


portion) goes to the illegitimate
children; and

One eighth (1/8) of the estate (free


portion) goes to the surviving
spouse (Art. 899, CC)

12.Surviving spouse One half (1/2) of the estate (legitime)


goes to the surviving spouse;

But the share is reduced to one third


(1/3) of the estate in the case of
marriage in articulo mortis and the
testator died within three (3) months
from its solemnization (Art. 900, CC)

13. Illegitimate children One half (1/2) of the estate (legitime)


goes to the illegitimate children (Art.
901, CC)
14.Illegitimate parents One half (1/2) of the estate (legitime) of
the illegitimate child (Art. 903, CC)
15.Illegitimate parents and surviving One fourth (1/4) of the estate (legitime)
spouse of the illegitimate child goes to the illegitimate parents; and

One fourth (1/4) of the estate (legitime)


goes to the surviving spouse (Art. 903,
CC)

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