Legitime
The legitimes of the illegitimate children
Different Combinations
LCn alone ½ of the estate (888)
LCn & SS ½ of the estate;
share equal to that
one child
LCd & SS ½ of the estate; SS
¼ of the estate
(892.1)
LCn & ICn ½ of the estate; each
will get ½ of share
of one legitimate
child
LCn, ICn & SS ½ of the estate; each
will get ½ of share
of one legitimate
child; share equal to
that of one
legitimate child
*The SS’ share is
preferred over those
of the illegitimate
children which shall
be reduced if
necessary (895)
LCd, ICn & SS ½ of the estate; each
will get ½ of share
of the legitimate
child; ¼ of the
estate.
*same note↑
LP alone ½ of the estate (889)
LP & ICn ½ of the estate; ¼ of
the estate (896)
LP & SS ½ of the estate; ¼ of
the estate (893)
LP, ICn & SS ½ of the estate; ¼ of
the estate; 1/8 of the
estate (899)
SS alone ½ of the estate or
1/3 of the estate if
the marriage is,
being in articulo
mortis, falls under
Article 900.2
(900.1)
SS & ICn 1/3 of the estate; 1/3
of the estate(894)
SS & IP ¼ of the estate; ¼ of
the estate(903)
ICn alone ½ of the estate (901)
IP alone
½ of the estate (903
2.
Reduction of Shares Rules
i. The legitimate children should never be
reduced; they are primary and preferred
compulsory heirs.
ii. The legitime of the surviving spouse
should never be reduced; this article
prohibits this.
iii.
will be reduced pro rata and without
preference among them.
3. Surviving Spouse as sole Compulsory Heir
A. Gen Rule: ½ of the estate
B. Exception: 1/3 of the estate, if the following
circumstances are present:
1. The marriage was in articulo mortis
2. The testator died within three months
from the time of the marriage;
3. The parties did not cohabit for more than
five years; and
4. The spouse who died was the party in
articulo mortis at the time of the marriage
4. Reserva Troncal
A. Requisites
1. The property was acquired by a descendant
from an ascendant or from a brother or sister
by gratuitous title;
2. the descendant died without issue;
3. the property is inherited by another ascendant
by operation of law; and
4. there are relatives within the third degree
belonging to the line from which said property
came
B. Process
1. First Transfer: By gratuitous title, from a person
to his descendant, brother or sister.
2. Second Transfer: By operation of law, from the
transferee in the first transfer to another
ascendant. It is this second transfer that
creates the reserve.
3. Third Transfer: From the transferee in the
second transfer to the relatives – reservatarios.
C. Two Basic Rules:
1. No inquiry is to be made beyond the
Origin/Mediate Source. It does not matter who
the owner of the property was before it was
acquired by the Origin
2. All the relationships among the parties must be
legitimate. (891)
D. Reserva Maxima & Reserva Minima
E. The Rights of the Reservatarios and the
Corresponding Obligations of the Reservista:
1. To inventory the reserved properties;
2. To annotate the reservable character (if
registered immovables) in the Registry of
Property within 90 days from acceptance by the
reservista;
3. To appraise the movables;
4. To secure by means of mortgage: a) the
indemnity for any deterioration of or damage to
 the property occasioned by the reservista’s fault
or negligence, and b) the payment of the value
of such reserved movables as may have been
alienated by the reservista onerously or
gratuitously.
5. Net Hereditary Estate (process)
i. Inventory of all the existing assets
ii. Deducting unpaid debts and charges
iii. Adding the value of donations inter vivos
6. Method of Reduction
i. Reduce pro rata the non-preferred
legacies and devises and the
testamentary dispositions. Among
these legacies, devises, and
testamentary dispositions there is
no preference.
ii. Reduced pro rata the preferred
legacies and devises (911, last)
iii. Reduce the donations inter vivos
according to the inverse order of
their dates (the oldest is the most
preferred)
Disinheritance
1. Requisites
i. It must be made in a will (916)
ii. It must be for a cause specified by law (916
in rel. to 919-921)
iii. It must specify the cause (916 & 918)
iv. It must be unconditional
v. It must be total
vi. The cause must be true (918)
vii. If the truth of the cause is denied, it must be
proved by the proponent (917)
2. Effect
The disinherited heir forfeits:
1. His legitime,
2. His intestate portion, if any, and
3. Any testamentary disposition made in a prior
will of the disinheriting testator
3. Ineffective Disinheritance
If the disinheritance lacks one or other of the
requisites mentioned in this article, the heir in question
gets his legitime. As to whether he will also get any part
of the intestate portion or not, this depends on whether
the testator gave away the free portion through
testamentary dispositions. If he did, these dispositions
are valid and the compulsory heir improperly
disinherited gets only his legitime. If the testator did
not, the compulsory heir will be entitled to his
corresponding share of the free portion as well.
Legacy and Device
I. Legacy/ Devise of a thing owned in part by the
testator (929)
GR: Conveys only the interest or part owned by the
testator
Exception: If testator provides otherwise, viz:
1. He may convey more than he owns – the estate
should try to acquire the part or interest owned
by other parties. If the other parties are
unwilling to alienate, the estate should give the
legatee/devisee the monetary equivalent (by
analogy with Art. 931)
2. He may convey less than he owns (794)
ii. Legacy/ Devise of a thing belonging to another
(930-931)
1. If the testator ordered the acquisition of the
thing – the order should be complied with. If
the owner is unwilling to part with the thing,
the legatee/ devisee should be given the
monetary equivalent.
2. If the testator erroneously believed that the
thing belonged to him – legacy/devise void.
Exception: if, subsequent to the making of the
disposition, the thing is acquired by the
testator onerously or gratuitously, the
disposition is validated.
3. If the testator knew that the thing did not
belong to him but did not order its acquisition
– the Code is silent on this. The most rational
solution seems to be that such a disposition
should be considered valid, because:
1. The fact that the testator, with knowledge
of another person’s ownership, bequeathed
the things, implies an order to acquire;
2. At worst, there is a doubt, and doubts
should be resolved in favor of testacy (788
791)
iii. Legacy/ Devise of a thing already belonging to the
legatee/devisee or subsequently acquired by him
(932-933)
1. If the thing already belonged to the
legatee/devisee at the time of the
execution of the will – legacy/ devise
void. If is not validated by an alienation by
the legatee/devisee subsequent to the
making of the will.
2. If the thing was owned by another person
at the time of the making of the will and
acquired thereafter by the legatee/devise:
i. If the testator erroneously believed
that it belonged to him –
legacy/devise void (930)
ii. If the testator was not in error –
a. If the thing was acquired
onerously by the
legatee/devisee –
legatee/devisee entitled to
reimbursement.
b. If the thing was acquired
gratuitously by
 legatee/devisee –nothing
more is due.
3. If the thing was owned by the testator at the
time of the making of the will and acquired
thereafter from him by the legatee/devisee –
Article 932 and 933 are silent on this, but
Article 957.2 can be applied and the
legacy/devise should be deemed revoked.
iv. Legacy/Devise to remove an encumbrance over a
thing belonging to the legatee/devisee (932.2) –
Valid, if the encumbrance can be removed for a
consideration.
v. Legacy/Devise of a thing pledged or mortgaged
(934) – The encumbrance must be removed by
paying the debt, unless the testator intended
otherwise.
vi. Legacy of credit or remission (935-937)
A. Applies only to amount still unpaid at the
time of testator’s death (935)
B. Revoked if testator subsequently sues the
debtor for collection (936)
C. If generic, applies only to those existing at Legacy for Education
the time of the execution of the will (937 &
793) unless otherwise provided.
Alternative Legacies/ Devises
A. GR: 1. The estate, through the executor or
administrator – in a direct legacy/devise
2. The heir, legatee, or devisee charged – in
a subsidiary legacy/devise
* These parties are, analogously, in the
position of the debtor
Exception: the legatee/devisee, if the testator so Legacy for Support
provides.
B. If the person who is to choose dies before choice is
made:
1. If the person who is to choose dies before
choice is made:
i. If the choice belonged to executor or
administrator – the right is
transmitted to his successor in office.
ii. If the choice belongs to an heir,
legatee, or devisee – the right is
transmitted to his own heirs.
C. Choice is irrevocable.
Generic Legacies/Devises:
i. Rules on Validity (941)
A. Generic Legacy – valid even if no such
movables exist in the testator’s estate
upon his death. The estate will simply
have to acquire what is given by legacy.
B. Generic Devise – valid only if there
exists such an immovable in the testator’s
estate at the time of his death.
ii. Right of Choice
A. GR – the executor or administrator, acting for the
estate
Exception – if the testator gives the right of choice
to the legatee/devisee, or to the heirs on whom the
obligation to give benefit is imposed (in subsidiary
legacy or devise)
B. Limitation on Choice – must be limited to
something which is neither superior nor inferior in
quality. This rule applies whether the choice
belongs to the executor/administrator or the
legatee/devisee
C. Finality of choice – irrevocable, once made
D. Transmissibility of right to choose –
1. If the choice belongs to the
executor/administrator and he dies before
making the choice – right is transmitted to his
successor in the position.
2. If the choice belongs to the legatee/devisee and
he dies before making the choice – right passes
to his heirs.
1. Duration – age of majority (18) or the completion
of a professional, vocational, or general course,
whichever comes later. (In the latter instance, only
if the legatee pursues his studies diligently)
2. Amount:
a. Primarily – that fixed by the testator
b. Secondarily – that which is proper, as
determined by two variables: (i) the social
standing and circumstances of the legatee, and
(ii) the value of the disposable portion of the
estate.
1. Duration – the legatee’s lifetime, unless the
testator has provided otherwise.
2. Amount:
a. Primarily – that fixed by the testator
b. Secondarily – that which the testator during
his lifetime used to give the legatee by way
of support, unless markedly disproportionate
to the value of the disposable portion.
c. Tertiarily – that which is reasonable, on the
basis of two variables: i) the social standing
and circumstances of the legatee, and the
value of the disposable portion.
Legacy of a Periodical Pension
Demandability – upon the testator’s death, and the
succeeding ones at the beginning of the period without duty
to reimburse should the legatee die before the lapse of the
period
Demandability, Ownership, and Fruits of Legacies/
Devises:
i. Demandability
 1. Pure and determinate – upon testator’s
death
2. Pure and generic – upon testator’s death
3. With a (suspensive) term – upon the arrival
of the term
4. Conditional (suspensive) – upon the Rules in case of Repudiation by or Incapacity of
happening of the condition.
ii. When Ownership vests:
1. Pure and determinate – upon testator’s
death
2. Pure and generic –
a. If from testator’s estate – upon Legal or Intestate Succession
testator’s death
b. If acquired from a third person – upon
acquisition
3. With a (suspensive) term – upon arrival of
the term, but the right to it vests upon the
testator’s death (878)
4. Conditional (suspensive) – upon the
testator’s death, if the conditional is
fulfilled (1187)
iii. Fruits
1. Pure and determinate – upon the testator’s death
(948)
2. Pure and generic – upon determination, unless
testator provides otherwise (949)
3. With a (suspensive) term – upon the arrival of the
term (885)
4. Conditional (suspensive) – upon the happening of
the condition, unless the testator provides otherwise
(884 rel.1187)
Rules on Acceptance and Repudiation of Legacies/Devises:
i. A. Acceptance may be total or partial (954)
Exception: If the legacy/devise is partly
onerous and partly gratuitous, the recipient can
not accept the gratuitous part and renounce the
onerous part (954.1). Any other combination
however is permitted.
B. Acceptance or Repudiation by heirs of
legatee/ devisee – If the legatee/devisee dies
before accepting or renouncing his heirs shall
exercise such right as to their pro-indiviso
share, and in the same manner as outlined
above.
ii. Two legacies/ devises to the same recipient:
iv. Effect if will provides otherwise – All of the
rules above outlined apply in the absence of a
stipulation in the will providing otherwise. The
testator’s wishes are supreme
Legatee/Devisee:
i. Primarily – substitution
ii. Secondarily – accretion
iii. Tertiarily – intestacy
I. Instances when legal or intestate succession
operates:
1. A person dies without a will
2. A person dies with a void will
3. A person dies with a will which has
subsequently lost it’s validity
4. The will does not institute an heir
5. The will does not dipose all the property
belonging to the testator
6. The suspensive condition attached to the
institution of heir does not happen or is not
fulfilled
7. The heir dies before the testator, or repudiates
the inheritance, there being no substitution, and
no right of accretion takes place
8. The heir instituted is incapable of succeeding
9. Happening of a resolutory condition
10. Expiration or resolutory term
11. Preterition
II. Basic Rules of Intestacy
1. Rule of preference of lines – The descending
excludes the ascending and the collateral, and
the ascending excludes the collateral.
2. Rule of proximity of degree – The nearer
exclude the more remote (962.1) without
prejudice to representation.
3. Rule of equality among relatives of the same
degree – If the nearer exclude the more remote,
logically those of equal degree should inherit in
equal shares (962.2)
Exceptions:
1. The rule of preference of lines
2. the distinction between legitimate and
illegitimate filiation (2:1) [983 rel. 895 as amd. 176 FC]

A. If both gratuitous – The recipient may accept or
renounce either or both.
B. If both onerous – same rule as [A]
C. If one gratuitous and the other onerous – The
recipient cannot accept the gratuitous and
renounce the onerous. Any other combination is
permitted (955.1)
iii. Legacy/Devise to one who is also a compulsory
heir. – The recipient may accept either or both, viz., the
legacy/devise and the legitime (955.2)
3. the rule of division by the line in the ascending
line (987.2)
4. the disntinction between full-blood and half-
blood relationship among brothers and sisters,
as well as nephews and nieces (1006 &1008)
5. representation
III. Rules of Exclusion and Concurrence
1. LCn:
i. Exclude parents, collaterals & State
ii. Concur with the SS & ICn
 iii. Are excluded by no one ii. Concurs with LCn, ICn, LP, IP,
2. ICn: brothers, sisters, nephews & nieces
i. Exclude IP, Collaterals & State iii. Is excluded by no one
ii. Concur with SS, LCn, LP 6. Brothers & Sisters, Nephews & Nieces:
iii. Are excluded by no one i. Exclude all other collaterals & the State
3. LP: ii. Concur with SS
i. Exclude Collaterals & State iii. Are excluded by LCn, ICn, LP, IP
ii. Concur with ICn & SS 7. Other Collaterals:
iii. Are excluded by LCn i. Exclude collaterals in remoter degrees &
4. IP: the State
i. Exclude Collaterals & State ii. Concur with collaterals in the same
ii. Concur with SS degree
iii. Are excluded by LCn & ICn iii. Are excluded by LCn, ICn, LP, IP, SS,
5. SS: B&S, and N&N
i. Excludes collaterals other than brothers, 8. State
sisters, nephews & nieces, & State i. Excludes no one
LCn alone The whole estate, divided equally 979 ii. Concurs no one
LCn & ICn The whole estate, each ICd getting ½ the iii. Is excluded by everyone
share of one LCd 983 & 176[FC]
LCn & SS The whole estate, divided equally (the SS Representation
counted as one LCd) 996
LCn, SS, & The whole estate, the SS being counted as I. Instances when representation operates:
ICn one LCd and each ICd getting ½ the share 1. Predecease
of one LCd 999 & 176[FC] 2. Incapacity or Unworthiness
LP alone The whole estate, divided equally 985 3. Disinheritance
LA (other The whole estate, observing, in proper II. Kinds of Succession Representation Operates
than P) alone cases, the rule of division by line 987 1. Legitime
LP & ICn ½ of the estate; ½ of the estate 991
2. Intestacy
LP & SS ½ of the estate; ½ of the estate 997
LP, SS, & ½ of the estate; ¼ of the estate; ¼ of the III. Lines
ICn estate 1000 1. With respect to the legitime – in the direct
ICn alone The who estate, divided equally 988 descending line only (972)
ICN & SS ½ of the estate; ½ of the estate 998 2. With respect to intestacy –
SS alone The who estate i. In the direct descending line (972)
SS & IP No law but SS get ½ of the estate [analogy ii. In one instance in the collateral;
with Art. 997] i.e., nephews and nieces
SS & LB&S, ½ of the estate; ½ of the estate [the N&N representing brothers and sisters of
N&N inheriting by representation, in the proper
cases] the deceased (975)
SS & IB&S, Same IV. Representation of ICn:
N&N 1. If the child to be represented is legitimate –
IP alone The whole estate 993 only legitimate children/ descendants can
IP & children Excluded; accordance with nos. 1, 2, & 10 represent him
of any kind 2. If the child to be represented is illegitimate
LB&S alone The whole estate, with a brother/sister of – both legitimate and illegitimate
the half blood inheriting ½ the share of a
children/descendants can represent him
brother/sister of the full-blood 1005 &
1008 (902, 989, 990)
LB&S, N&N The whole estate, observing the 2:1 V. Adopted Child
proportion of the full- and half-blood An adopted can neither represent nor be
fraternity and the N&N representing in the represented
proper cases 1005 &1008 VI. Representation by a renouncer – Although a
N&N with By inference uncles and aunts – excluded renouncer cannot be represented, he can
uncles & N&N inheriting in accordance with No.22 represent the person whose inheritance he has
aunts 1009
renounced [The representative does not succeed
IB&S alone No law. The whole estate, observing 2:1
proportion full-and half-blood fraternity – the person represented but the one whom the
by analogy with 18 person represented would have succeeded]
IBSNN No law. The whole estate, as in No. 19 by
analogy
N&N The whole estate, per capita, but observing
the 2:1 proportion for the full-and half-
blood 975 & 1008
Other The whole estate, per capita, the nearer in
Collaterals degree excluding the more remote 1009 &
1010
State The whole estate 1011