Art. 886.

Legitime is that part of the testator’s property which he cannot dispose of

because the law has reserved it for certain heirs who are, therefore, called compulsory heirs.

Art. 887. The following are compulsory heirs:

(1) Legitimate children and descendants, with respect to their legitimate parents and
ascendants;

(2) In default of the foregoing, legitimate parents and ascendants, with respect to
their legitimate children and descendants;

(3) The widow or widower;

(4) Acknowledged natural children, and natural children by legal fiction;

(5) Other illegitimate children referred to in Article 287.

Compulsory heirs mentioned in Nos. 3, 4 and 5 are not excluded by those in Nos. 1 and 2;
neither do they exclude one another.

In all cases of illegitimate children, their filiation must be duly proved.

The father or mother of illegitimate children of the three classes mentioned shall inherit
from them in the manner and to the extent established by this Code (Emphasis supplied.)

Art. 811. In the probate of a holographic will, it shall be necessary that at least one witness
who knows the handwriting and signature of the testator explicitly declare that the will and
the signature are in the handwriting of the testator. If the will is contested, at least three of
such witnesses shall be required.
In the absence of any competent witness referred to in the preceding paragraph, and if the
court deem it necessary, expert testimony may be resorted to.

Rule 76, Rules of Court

Section 4. Heirs, devisees, legatees, and executors to be notified by mail or personally. —

The court shall also cause copies of the notice of the time and place fixed for proving the will
to be addressed to the designated or other known heirs, legatees, and devisees of the testator
resident in the Philippines at their places of residence, and deposited in the post office with
the postage thereon prepaid at least twenty (20) days before the hearing, if such places of
residence be known. A copy of the notice must in like manner be mailed to the person
named as executor, if he be not the petitioner; also, to any person named as co-executor not
petitioning, if their places of residence be known. Personal service of copies of the notice at
least (10) days before the day of hearing shall be equivalent to mailing.

If the testator asks for the allowance of his own will, notice shall be sent only to his
compulsory heirs.

Section 5. Proof at hearing. What sufficient in absence of contest. — At the hearing

compliance with the provisions of the last two preceding sections must be shown before the
introduction of testimony in support of the will. All such testimony shall be taken under
oath and reduced to writing. It no person appears to contest the allowance of the will, the
court may grant allowance thereof on the testimony of one of the subscribing witnesses only,
if such witness testify that the will was executed as is required by law.

In the case of a holographic will, it shall be necessary that at least one witness who knows
the handwriting and signature of the testator explicitly declare that the will and the
signature are in the handwriting of the testator. In the absence of any such competent
witness, and if the court deem it necessary, expert testimony may be resorted to.