1.

IMMOVABLE PROPERTY

Art. 415. The following are immovable property:

(1) Land, buildings, roads and constructions of all kinds adhered to the soil;
(2) Trees, plants, and growing fruits, while they are attached to the land or form an integral part of an immovable;
(3) Everything attached to an immovable in a fixed manner, in such a way that it cannot be separated therefrom
without breaking the material or deterioration of the object;
(4) Statues, reliefs, paintings or other objects for use or ornamentation, placed in buildings or on lands by the owner of
the immovable in such a manner that it reveals the intention to attach them permanently to the tenements;
(5) Machinery, receptacles, instruments or implements intended by the owner of the tenement for an industry or works
which may be carried on in a building or on a piece of land, and which tend directly to meet the needs of the said
industry or works;
(6) Animal houses, pigeon-houses, beehives, fish ponds or breeding places of similar nature, in case their owner has
placed them or preserves them with the intention to have them permanently attached to the land, and forming a
permanent part of it; the animals in these places are included;
(7) Fertilizer actually used on a piece of land;
(8) Mines, quarries, and slag dumps, while the matter thereof forms part of the bed, and waters either running or
stagnant;
(9) Docks and structures which, though floating, are intended by their nature and object to remain at a fixed place on a
river, lake, or coast;
(10) Contracts for public works, and servitudes and other real rights over immovable property. 

2. Legitimes of Compulsory Heirs

Combinations of Compulsory
Heirs Legitime under the Civil Code, as amended
1.      Legitimate children of the testator
2.      Legitimate parents, whether they survive alone
or concur with illegitimate children and surviving
spouse
3.      Ascendants of equal degree of the paternal and
maternal lines, if testator has no child or leaves
neither father nor mother
4.      One (1) legitimate child and surviving spouse
5.      Two (2) or more legitimate children and
surviving spouse
6.      Legitimate parents and surviving spouse
7.      Illegitimate children and surviving spouse
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
One half (1/2) of the estate goes to the legitimate parents
to be divided equally between (Arts. 889 & 890, CC)
One half (1/2) of the estate to be divided equally
between them. It pertains entirely to the ones nearest in
degree of either line (Arts. 890, CC)
One half (1/2) of the 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)
One half (1/2) of the estate (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)
One half (1/2) of the estate (legitime) 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)
One third (1/3) of the estate (legitime) goes to the
illegitimate children; and
One third (1/3) of the estate (legitime) goes to the
surviving spouse (Art. 894, CC); and

One half (1/2) of the hereditary estate (legitime) to be

divided equally among the legitimate children (Art. 888,
CC); and
8.      Legitimate and illegitimate children 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.
One half (1/2) of the estate (legitime) goes to the
legitimate parents (Art. 889, CC); and
One fourth (1/4) of the estate (free portion) goes to the
9.      Legitimate parents and illegitimate children illegitimate children (Art. 896, CC)
One half (1/2) of the estate (legitime) to 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)
10.  Legitimate and illegitimate children and equal to the legitime of each of the legitimate
surviving spouse children (Arts. 892, CC) (Arts. 897 and 898, CC)
One half (1/2) of the estate (legitime) to 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
11.  Legitimate parents, illegitimate children and One eighth (1/8) of the estate (free portion) goes to
surviving spouse the surviving spouse (Art. 899, CC)
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.
12.  Surviving spouse 900, CC)
One half (1/2) of the estate (legitime) goes to the
13.  Illegitimate children illegitimate children (Art. 901, CC)
One half (1/2) of the estate (legitime) of the illegitimate
14.  Illegitimate parents child (Art. 903, CC)
One fourth (1/4) of the estate (legitime) goes to the
illegitimate parents; and
15.  Illegitimate parents and surviving spouse of the One fourth (1/4) of the estate (legitime) goes to the
illegitimate child surviving spouse (Art. 903, CC)

3. Parties’ rights under Art. 147,

Property Regime of Unions Without Marriage

Art. 147. When a man and a woman who are capacitated to marry each other, live exclusively with each other as husband and
wife without the benefit of marriage or under a void marriage, their wages and salaries shall be owned by them in equal shares
and the property acquired by both of them through their work or industry shall be governed by the rules on co-ownership.

In the absence of proof to the contrary, properties acquired while they lived together shall be presumed to have been obtained
by their joint efforts, work or industry, and shall be owned by them in equal shares. For purposes of this Article, a party who did
not participate in the acquisition by the other party of any property shall be deemed to have contributed jointly in the
acquisition thereof if the former's efforts consisted in the care and maintenance of the family and of the household.

Neither party can encumber or dispose by acts inter vivos of his or her share in the property acquired during cohabitation and
owned in common, without the consent of the other, until after the termination of their cohabitation.

When only one of the parties to a void marriage is in good faith, the share of the party in bad faith in the co-ownership shall be
forfeited in favor of their common children. In case of default of or waiver by any or all of the common children or their
descendants, each vacant share shall belong to the respective surviving descendants. In the absence of descendants, such share
shall belong to the innocent party. In all cases, the forfeiture shall take place upon termination of the cohabitation. 

NOTE:

THE STRUCTURE OF THE PROPERTY RELATIONSHIP UNDER ARTICLE 147 IS AS

FOLLOWS:

1. Salaries and wages shall be owned by them in equal shares; and

2. Property acquired by either of the parties exclusively by his or by her own fund belongs to
such party provided that there is proof that he or she acquired it by exclusive funds;
3. Property acquired by both of them through their work or industry shall be governed by the
rules on co-ownership. Consequently, either spouse may alienate in favor of the other his or
her share in the property;
4. Property acquired while they live together shall be presumed to have been obtained by their
joint efforts, work or industry and shall be owned by them in equal shares. A party who did
not participate in the acquisition by the other party of any property shall be deemed to have
contributed jointly in the acquisition thereof if the former’s efforts consisted In the care and
maintenance of the family and of the household.
5. The fruits of the couple’s separate property are not included in the co-ownership.
6. Property acquired by any of the parties after separation shall be exclusively owned by the
party who acquired it
7. Neither party can encumber or dispose by acts intervivos of his or her share in the property
acquired during cohabitation and owned in common without the consent of the other until
after termination of their cohabitation. However, either spouse may alienate in favor of the
other his or her share in the property co-owned. But no one can donate or waive any
interest in the co-ownership that would constitute an indirect or direct grant of gratuitous
advantage to the other which is void pursuant to article 87;
8. When only one of the parties to avoid marriage is in good faith, the share of the party in bad
faith in the co-ownership shall be in favor of their common children. In case of default of or
waiver by any or all of the common children or their descendants, each vacant share shall
belong to the respective surviving descendant, in the absence of descendant such share
shall belong to the innocent party. In all cases, the forfeiture shall take place upon
termination of the cohabitation.

4. FC Properties exempt from the CPG

Exclusive Property of Each Spouse Under Conjugal Partnership of Gains

Art. 109. The following shall be the exclusive property of each spouse:
(1) That which is brought to the marriage as his or her own;
(2) That which each acquires during the marriage by gratuitous title;
(3) That which is acquired by right of redemption, by barter or by exchange with property belonging to only one of the
spouses; and
(4) That which is purchased with exclusive money of the wife or of the husband.

5. Options: Landowner and BPS in Good Faith