SUCCESSION; LEGITIME 2003 NO XII.
Alternative Answer:
(a) Luis was survived by two legitimate
children, two illegitimate children, his
parents, and two brothers. He left an
estate of P1 million. Who are the
compulsory heirs of Luis, how much is the
legitimate of each, and how much is the free
portion of his estate, if any?
SUGGESTED ANSWER:
(a) The compulsory heirs are the
two legitimate children and the two
illegitimate children. The parents are
excluded by the legitimate children,
while the brothers are not compulsory
heirs at all. Their respective legitimate
are:
(1) The legitimate of the two (2)
legitimate children is one half (1/2) of
the estate (P500,000.00) to be divided
between them equally, or P250,000.00
each.
(2) The legitimate of each illegitimate
child is one-half (1/2) the legitimate
of each legitimate child or P125,000.00.
Since the total legitimate of the
compulsory heirs is P750,000.00, the
balance
of P250,000.00 is the free portion.
SUCCESSION; LEGITIME 1997 NO. 12:
"X", the decedent, was survived by W (his
widow). A (his son), B (a granddaughter,
being the daughter of A) and C and D
(the two acknowledged illegitimate children
of the decedent). "X" died this year (1997)
leaving a net estate of PI 80.000.00. All were
willing to succeed, except A who
repudiated the inheritance from his father,
and they seek your legal advice on how
much each can expect to receive as their
respective shares in the distribution of the
estate. Give your answer.
ANSWER:
The heirs are B, W, C and D. A inherits
nothing because of his renunciation.
B inherits a legitime of P90.000.00
as the nearest and only legitimate
descendant, inheriting in his own right
not by representation because of A's
renunciation. W gets a legitime
equivalent to one-half (1 / 2) that
of B amounting to P45.000. C and
D each gets a legitime equivalent to
one-half (1/2) that of B amounting to
P45.000.00 each. But since the total
exceeds the entire estate, their legitimes
would have to be reduced
corresponding to P22.500.00 each (Art.
895. CC).
The total of all of these amounts to
P180.000.00.
INTESTATE SUCCESSION
ESTATE: P180,000.00
W- (widow gets 1/2 share) P90.000.00
(Art. 998)
A- (son who repudiated his inheritance)
None (Art. 977)
B - (Granddaughter) None
C - (Acknowledged illegitimate child)
P45.000.00 (Art.998)
D - (Acknowledged illegitimate child)
P45,000.00 (Art. 998)
The acknowledged illegitimate child gets
1/2 of the share of each legitimate
child.
SUCCESSION; LEGITIME 1982 NO. 12
The testator has three children "A", "B", and
"C"; a wife "W"; a father "F"; an acknowledged
natural child "N"; and an adulterous child
"T". "A" is a handicapped child, and the
testator wants to leave to him as much of his
estate as he can legally do under the law.
State the specific aliquot parts of the estate
that the testator can leave "A", "B", and "C", as
well as to his other aforementioned relatives.
State how you arrive at the result. (Assume
a net estate of P1,200,000.00 and that all
of the above named relatives survived the
testator.)
ANSWER:
Under the law on legitime, the
survivors shall be entitled to the
following legitime:
1. "A", "B" and "C"-one-half of the
estate which they shall divide in equal
shares. Since the net value of the
estate is Pl,200,000.00 each of them
shall,
therefore, be entitled to P200,000.00.
2. "W" — the same as each of the
legitimate children, or P200,000.
3. "F" — none.- "F" cannot
participate in the succession because
he is excluded by the legitimate
children of the testator.
4. "N" — one-half of the legitime
of each of the legitimate children, or
P100,000.00.
5. "T" _ four-fifths of the legitimate of
"N" or two-fifths of the legitime of either
"A" or "B" or "C", or P80,000.00
Thus, the disposable free portion is
P220,000. If the testator so desires,
he can leave this disposable portion to
his son "A".
(Note: The above answer is based on
Art. 888, 892, 895, 897 and 898 of the
Civil Code,)