9/3/21
LEGITIMATE
CHILDREN
Free
• One half (1/2) of the Portion
1/2
hereditary estate to be divided
equally among the legitimate
children (Art. 888, LCs
CC), irrespective whether they 1/2
survive alone or with
concurring compulsory heirs
SURVIVING
SPOUSE
• One half (1/2) of the estate
(legitime) goes to the surviving Free
Portion
spouse 1/2
SS
1/2
1
9/3/21
SURVIVING
SPOUSE
• One third (1/3) of the estate
in the case of marriage in articulo SS
1/3
mortis and the testator died
within three (3) months from its
solemnization (Art. 900, CC)
Free
Portion
2/3
ILLEGITIMATE
CHILDREN
ILCs
1/2
• One half (1/2) of the estate
(legitime) goes to the illegitimate
children (Art. 901, CC)
Free
Portion
1/2
2
9/3/21
ILLEGITIMATE
PARENTS
IPs
• One half (1/2) of the estate of 1/2
the illegitimate child (Art. 903,
CC)
Free
Portion
1/2
ONE (1) LEGITIMATE
CHILD AND
SURVIVING SPOUSE
Free
Portion
• One half (1/2) of the 1/4
estate(legitime) 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)
LC1
SS 1/2
1/4
3
9/3/21
TWO (2) LEGITIMATE
CHILDREN AND
SURVIVING SPOUSE
Free
Portion LC1
• One half (1/2) of the estate 1/4 1/4
(legitime) to 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) SS LC2
1/4 1/4
THREE (3) LEGITIMATE
CHILDREN AND
SURVIVING SPOUSE Free Portion
LC1
2/6 or 1/3
1/6
• One half (1/2) of the estate
(legitime) to be divided among
the legitimate children (Art. 888, LC2
1/6
CC); and surviving spouse gets a
share (from the free portion)
equal to the legitime of each of
the legitimate children (Arts. 892,
CC)
SS LC3
1/6 1/6
4
9/3/21
FOUR (4) LEGITIMATE
CHILDREN AND
SURVIVING SPOUSE
Free LC1
Portion 1/8
• One half (1/2) of the estate 3/8
(legitime) to be divided among
LC2
the legitimate children (Art. 888, 1/8
CC); and surviving spouse gets a
share (from the free portion)
equal to the legitime of each of LC3
the legitimate children (Arts. 892, 1/8
CC)
SS LC4
1/8 1/8
LEGITIMATE
PARENTS AND
SURVIVING SPOUSE
Free
Portion
• One half (1/2) of the estate 1/4
(legitime) goes to the legitimate
parents (Arts. 889 & 890,
CC); and One fourth (1/4) of the LP
estate (free portion) goes to the 1/2
surviving spouse (Arts. 893, CC)
SS
1/4
5
9/3/21
ILLEGITIMATE
CHILDREN AND
SURVIVING SPOUSE
• One third (1/3) of the estate Free
(legitime) goes to the illegitimate Portion ILCs
1/3 1/3
children; and
• One third (1/3) of the estate
(legitime) goes to the surviving
spouse (Art. 894, CC);
SS
1/3
LEGITIMATE CHILD
AND ILLEGITIMATE
CHILD
Free
Portion
• One half (1/2) of the 1/4
hereditary estate (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 LC1
ILC1 1/2
legitime of each of the legitimate 1/4
children (Arts. 895, CC)
6
9/3/21
LEGITIMATE
CHILDREN AND
ILLEGITIMATE CHILD
Free
Portion LC1
• One half (1/2) of the 1/4
3/8
hereditary estate (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
LC2
legitime of each of the legitimate ILC1 1/4
1/8
children (Arts. 895, CC)
LEGITIMATE CHILDREN
AND ILLEGITIMATE
CHILDREN
Free
Portion LC1
• One half (1/2) of the 1/4 1/4
hereditary estate (legitime) to
be divided equally among the
legitimate children (Art. 888,
CC); and
• Each illegitimate child gets a ILC2
1/8
share (from the free portion)
equal to one half (1/2) of the
LC2
legitime of each of the legitimate ILC1 1/4
1/8
children (Arts. 895, CC)
7
9/3/21
LEGITIMATE CHILDREN
& ILLEGITIMATE
CHILDREN
LC1
1/6
• One half (1/2) of the Free
hereditary estate (legitime) to Portion
1/3
be divided equally among the
legitimate children (Art. 888,
CC); and LC2
1/6
• Each illegitimate child gets a
share (from the free portion)
equal to one half (1/2) of the ILC2
1/12 LC3
legitime of each of the legitimate ILC1 1/6
1/12
children (Arts. 895, CC)
LEGITIMATE CHILDREN
& ILLEGITIMATE
CHILDREN Free LC1
Portion 1/6
1/4
• One half (1/2) of the
hereditary estate (legitime) to
be divided equally among the
legitimate children (Art. 888,
CC); and LC2
1/6
ILC3
• Each illegitimate child gets a 1/12
share (from the free portion)
equal to one half (1/2) of the
ILC2
legitime of each of the legitimate 1/12 LC3
ILC1 1/6
children (Arts. 895, CC) 1/12
8
9/3/21
LEGITIMATE PARENTS
& ILLEGITIMATE
CHILDREN
Free
Portion
• One half (1/2) of the estate 1/4
(legitime) goes to the legitimate
parents (Art. 889, CC); and
• One fourth (1/4) of the estate LPs
1/2
(free portion) goes to the
illegitimate children (Art. 896, CC)
ILCs
1/4
LEGITIMATE &
ILLEGITIMATE CHILDREN
AND SURVIVING SPOUSE ILC2
1/8
LC1
• One half (1/2) of the estate 1/4
(legitime) to be divided among the
ILC1
legitimate children (Art. 888, CC); 1/8
• 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 SS
(from the free portion) equal to 1/4 LC2
1/4
the legitime of each of the
legitimate children (Arts. 892, CC)
(Arts. 897 and 898, CC)
9
9/3/21
LEGITIMATE &
ILLEGITIMATE CHILDREN
AND SURVIVING SPOUSE Free
Portion LC1
1/6 1/6
• One half (1/2) of the estate
(legitime) to be divided among the ILC2 LC2
legitimate children (Art. 888, CC); 1/12 1/6
• Each illegitimate child gets a
share (from the free portion)
equal to one half (1/2) of the
legitime of each of the legitimate
ILC1
children; 1/12
• Surviving spouse gets a share
(from the free portion) equal to SS LC3
1/6 1/6
the legitime of each of the
legitimate children (Arts. 892, CC)
(Arts. 897 and 898, CC)
LEGITIMATE PARENTS & Free
Portion
ILLEGITIMATE CHILDREN 1/8
AND SURVIVING SPOUSE
SS
• One half (1/2) of the estate 1/8
(legitime) to be divided equally
between the legitimate
parents (Arts. 889 & 890, CC); LPs
1/2
• One fourth (1/4) of the
estate (free portion) goes to
the illegitimate children; and
• One eighth (1/8) of the
ILCs
estate (free portion) goes to 1/4
the surviving spouse (Art. 899,
CC)
10
9/3/21
ILLEGITIMATE PARENTS &
SURVIVING SPOUSE OF
ILLEGITIMATE CHILD
ILPs
Free 1/4
• One fourth (1/4) of the estate Portion
(legitime) goes to the illegitimate 1/2
parents; and
• One fourth (1/4) of the estate
(legitime) goes to the surviving
spouse (Art. 903, CC)
SS
1/4
11