TABLE OF LEGITIMES

CONCURRING COMPULSARY LEGITIMES LEGAL PROVISION

HEIRS
➢ Legitimate Children and ➢ (1/2) One-half of the ➢ Art. 888 NCC
their Legitimate hereditary Estate
Descendants only
➢ Legitimate Parents or ➢ (1/2) One-half of the ➢ Art. 889, 890 NCC
Legitimate Ascendants Estate, to be divided
between them equally.
If no surviving Legit.
Parents, the (1/2) one-
half should be divided
to the line of the father
and mother equally. If
of different degrees,
whole legitime should
go to the nearest of
degree.
➢ One Legitimate Child ➢ (1/2) One-half of the ➢ Art. 888 NCC
hereditary Estate
➢ Surviving Spouse ➢ (1/4) One-fourth taken ➢ Art. 892(1)
from the free portion
➢ More than one ➢ (1/2) of the entire ➢ Art. 888
Legitimate Child estate to be divided
among the nos. of
Legitimate Children
➢ Surviving Spouse ➢ Equals the share of one ➢ Art. 892(2)
Legitimate Child
➢ Surviving Spouse ➢ (1/4) one-fourth taken ➢ Art. 893
from the free portion.
➢ Legitimate Parents or ➢ (1/2) one-half of the ➢ Art. 889
Ascendants hereditary estate
➢ Illegitimate Children ➢ (1/3) of the hereditary ➢ Art. 894
Estate.
➢ Surviving Spouse ➢ (1/3) of the hereditary
estate
➢ Illegitimate Child ➢ Half of the Share of ➢ Art. 895
each legitimate child,
i.e. 1:0.5 ratio
➢ Legitimate Child ➢ (1/2) one-half of the ➢ Art. 888
hereditary estate to be
divided among each
legitimate child.
➢ Surviving Spouse ➢ Equals the share of one ➢ Art. 892 (2), 897, 898
legitimate child.

NOTE: Legitime of the Surviving

Spouse must first be satisfied,
before giving I.C. their share of
legitime. After satisfying
Spouse’s share only then can the
legitime of I.C. can be given.
[Art. 895 (3)]
➢ Illegitimate Child ➢ (1/4) one-fourth taken ➢ Art. 896
from the free portion
➢ Legitimate Parents or ➢ (1/2) one-half of the
Ascendants hereditary estate ➢ Art. 889
CONCURRING COMPULSARY LEGITIMES LEGAL PROVISION
HEIRS
➢ Illegitimate Children ➢ (1/4) one-fourth taken ➢ Art. 899
from the free portion
➢ Surviving Spouse ➢ (1/8) one-eight also ➢ Art. 899
taken from the free
➢ Legitimate Parents or portion
Ascendants ➢ (1/2) one half of the ➢ Art. 889
hereditary estate
➢ Surviving Spouse Only ➢ General Rule: (1/2) one ➢ Art. 900 (1)
half of the hereditary
estate
➢ Exception: (1/3) one- ➢ Art. 900 (2)
third of the hereditary
estate, if the marriage
between the spouses
was solemnized in
articulo mortis, and
testator died within
three months from the
time of marriage.
➢ Exception to the ➢ Art. 900(2 last
exception: (1/2) if they sentence)
are living as husband
and wife for more than
five years, even though
the marriage was
solemnized as articulo
mortis.
➢ Illegitimate Children ➢ (1/2) one-half of the ➢ Art. 901
only, no other hereditary estate
compulsory heirs
➢ Illegitimate Parents ➢ (1/2) one-half of the ➢ Art. 903
Only hereditary estate of
their child. P

NOTE: Presence of either a

Legitimate or Illegitimate
Descendant of their Child will
render the Illegit. Parents not
entitled to any legitimes
whatsoever. (Art. 903, second
sentence)
➢ Illegitimate Parents ➢ (1/4) one-fourth of the ➢ Art. 903, last sentence
➢ Surviving Spouse hereditary estate
➢ (1/4) one fourth also of
the estate