SUCCESSION

Prof. Rhett Emmanuel C. Serfino

Summary of Legitime of Compulsory Heirs
Legitimate Legitimate
Surviving Illegitimate Illegitimate
Surviving Relatives Children & Parents &
Spouse Children Ascendants
Descendants Ascendants
½ (divided
Legitimate children alone by the # of
children)
One legitimate child and
½ ¼
surviving spouse
Same as the
½ (divided
Legitimate children and share of each
by the # of
surviving spouse legitimate
children)
child

½ the share
½ (divided
Legitimate children and of each
by the # of
illegitimate children legitimate
children)
child*

½ the share
One legitimate child, surviving
of each
spouse, and illegitimate ½ ¼
legitimate
children
child*

Same as the ½ the share

Two or more legitimate ½ (divided
share of each of each
children, surviving spouse, and by the # of
legitimate legitimate
illegitimate children children)
child child*
Legitimate parents alone ½
Legitimate parents and
¼ ½
illegitimate children
Legitimate parents and
¼ ½
surviving spouse
Legitimate parents, surviving 1
/8 ¼ ½
spouse and illegitimate children
½ (divided
Illegitimate children alone by the # of
children)
1
/3 (divided
Illegitimate children and 1
/3
surviving spouse by the # of
children)
½ or 1/3 if in
Surviving spouse alone articulo
mortis
Illegitimate parents alone ½
Illegitimate parents and
¼ ¼
surviving spouse

* Note that the legitime of illegitimate children can only be taken from the free portion, and that in no
case can the total legitime of such illegitimate children exceed the free portion, and that the legitime of
the surviving spouse must first be fully satisfied.