Table of Legitimes Explained

Questions to consider:
1. Are there any legitimate children?
a. If yes How many?
2. Is there a surviving spouse?
3. Are there any illegitimate children?
Categories:
1.
2.
3.
4.

There is only (1) One Legitimate Child

There are Two or More Legitimate Children
There are NO Legitimate Children
There are NO Children

Category #1 There is only (1) One Legitimate Child

Rules:
1. The Legitimate Child will always receive (1/2) One-half of the ENTIRE estate
2. The Surviving Spouse will always receive (1/4) One-Fourth of the ENTIRE
estate
3. The Illegitimate Child or Children will each receive (1/2) One-half of the
VALUE of the LEGITIMATE CHILD
a. Except if the value exceeds the remaining value of the estate
i. Note: The legitimate child and surviving spouse are preferred
4. If the remaining value after giving to the legitimate child and surviving spouse
their share, cannot comply with Rule 3, disregard Rule 3 and DIVIDE the
remaining value of the estate by the number of illegitimate children
Illustrations:
Testators Estate Value = 100,000
Situation 1: Only the Legitimate Child
Legitimate Child = (1/2) = 50,000
Free Portion = Remaining Value = 50,000

Situation 2: The Legitimate Child and

the Surviving Spouse
Legitimate Child = (1/2) = 50,000
Surviving Spouse = (1/4) = 25,000
Free Portion = Remaining Value = 25,000

Situation 3: The Legitimate Child,

Surviving Spouse and (1) Illegitimate
Child

Situation 4: The Legitimate Child,

Surviving Spouse and MORE than one
Illegitimate Child (Lets say 2)

Legitimate Child = (1/2) = 50,000

Legitimate Child = (1/2) = 50,000

Surviving Spouse = (1/4) = 25,000

Surviving Spouse = (1/4) = 25,000

Illegitimate Child = (1/2 of the Legitimate

Child) = 25,000

Illegitimate Children = Remaining Value /

Number of Illegitimate Children = 25,000 /
2 = 12,500 EACH
------------------o-o-o----------------If 3 Illegitimate Children then divide the
remaining value by 3, and so on and so
forth

Free Portion = Remaining Value = 0 (In

this case)

Category #2 There are Two or More Legitimate Children

Rules:
1. (1/2) One-half of the ENTIRE estate will be DIVIDED among the Legitimate
Children
2. The Surviving Spouse will always receive the value of (1) ONE LEGITIMATE
CHILD
3. The Illegitimate Child or Children will each receive (1/2) One-half of the
VALUE of ONE LEGITIMATE CHILD
4. If the remaining value after giving to the legitimate child and surviving spouse
their share, cannot comply with Rule 3, disregard Rule 3 and DIVIDE the
remaining value of the estate by the number of illegitimate children
Illustrations:
Testators Estate Value = 100,000; 2 Legitimate Children
Situation 1: Only Legitimate Children
Situation 2: The Legitimate Children
and the Surviving Spouse
Legitimate Children = (1/2) / Number of
Legitimate Children = 50,000 / 2 = 25,000
Legitimate Child = (1/2) / Number of
EACH
Legitimate Children = 50,000 / 2 = 25,000
EACH
Free Portion = Remaining Value = 50,000
Surviving Spouse = Same as (1) One
Legitimate Childs Share = 25,000
Situation 3: The Legitimate Children,
Surviving Spouse and (1) Illegitimate
Child

Free Portion = Remaining Value = 25,000

Situation 4: The Legitimate Children,
Surviving Spouse and MORE than one
Illegitimate Child (Lets say 2)

Legitimate Child = (1/2) / Number of

Legitimate Children = 50,000 / 2 = 25,000
EACH

Legitimate Child = (1/2) / Number of

Legitimate Children = 50,000 / 2 = 25,000
EACH

Surviving Spouse = Same as (1) One

Legitimate Childs Share = 25,000

Surviving Spouse = Same as (1) One

Legitimate Childs Share = 25,000

Illegitimate Child = (1/2 of (1) One

Legitimate Child) = 12,500

Illegitimate Child = (1/2 of (1) One

Legitimate Child) = 12,500 EACH = 25,000
(RULE 3)
------------------o-o-o----------------If 3 Illegitimate Children then divide
remaining value by 3, and so on and so
forth (RULE 4)

Free Portion = Remaining Value = 12,500

(In this case)

Category #3 There are NO LEGITIMATE Children

Rules:
1. If there are ONLY Illegitimate Children (1/2) One-half of the ENTIRE estate
DIVIDED among the Illegitimate Children
2. If there are Illegitimate Children and the Surviving Spouse each will receive
(1/3) One-third of the ENTIRE estate (The 1/3 for the Illegitimate Children
divided among the number of Illegitimate Children)
3. If there are Illegitimate Children and Legitimate Parents
a. (1/4) One-fourth of the ENTIRE estate DIVIDED among the Illegitimate
Children
b. (1/2) One-half of the ENTIRE estate DIVIDED among the Legitimate
Parents (If there is only one parent no need to divide)
4. If there are Illegitimate Children, Legitimate Parents and the Surviving
Spouse
a. (1/4) One-fourth of the ENTIRE estate DIVIDED among the Illegitimate
Children
b. (1/2) One-half of the ENTIRE estate DIVIDED among the Legitimate
Parents (If there is only one parent no need to divide)
c. (1/8) One-eighth of the ENTIRE estate given to the Surviving Spouse
Illustrations:
Testators Estate Value = 120,000; 2 Illegitimate Children
Situation 1: Only Illegitimate Children
Situation 2: The Illegitimate Children
and the Surviving Spouse
Illegitimate Children = (1/2) / Number of
Illegitimate Children = 60,000 / 2 = 30,000 Illegitimate Child = (1/3) / Number of
EACH
Illegitimate Children = 40,000 / 2 = 20,000
EACH
Free Portion = Remaining Value = 60,000
Surviving Spouse = (1/3) = 40,000
Situation 3: The Illegitimate Children
and Legitimate Parents
Illegitimate Child = (1/4) / Number of
Illegitimate Children = 30,000 / 2 = 15,000
EACH
Legitimate Parents = (1/2) = 60,000 =
30,000 EACH (If there are 2 Legitimate
Parents)
Free Portion = Remaining Value = 30,000
(In this case)

Free Portion = Remaining Value = 40,000

Situation 4: The Illegitimate Children,
Legitimate Parents, and Surviving
Spouse
Illegitimate Child = (1/4) / Number of
Illegitimate Children = 30,000 / 2 = 15,000
EACH
Legitimate Parents = (1/2) = 60,000 =
30,000 EACH (If there are 2 Legitimate
Parents)
Surviving Spouse = (1/8) = 15,000
Free Portion = Remaining Value = 15,000
(In this case)

Category #4 There are NO CHILDREN

Rules:
1. Legitimate Parents will always receive (1/2) One-half of the ENTIRE estate
2. If there are Legitimate Parents and Surviving Spouse
a. (1/2) One-half of the ENTIRE estate DIVIDED among the Legitimate
Parents (If there is only one parent no need to divide)
b. (1/4) One-fourth of the ENTIRE estate given to the Surviving Spouse
3. If there is ONLY the Surviving Spouse
a. General Rule (1/2) One-half of the ENTIRE estate
b. Articulo Mortis (Solemnized while one is about to die)
i. Testator died within (3) Three months from the time of marriage
(1/3) One-third of the ENTIRE estate
1. Except when Testator and the Surviving Spouse had been
living as husband and wife (without the benefit of marriage)
for 5 years (1/2) One-half of the ENTIRE estate
4. If there is ONLY the Illegitimate Parent (1/2) One-half of the ENTIRE estate
5. If there is the Illegitimate Parent and the Surviving Spouse EACH will receive
(1/4) of the ENTIRE estate
Note: Theres NO such thing as TWO illegitimate parents (I think? Opinion
lang ni..)
Illustrations:
Testators Estate Value = 120,000
Situation 1: Only Legitimate Parents
Legitimate Parents = (1/2) / Number of
Parents = 60,000 / 2 = 30,000 EACH
Free Portion = Remaining Value = 60,000

Situation 2: The Legitimate Parents and

the Surviving Spouse
Legitimate Parents = (1/2) / Number of
Parents = 60,000 / 2 = 30,000 EACH
Surviving Spouse = (1/4) = 30,000
Free Portion = Remaining Value = 30,000

Situation 3: Only the Surviving Spouse

Gen. Rule:
Surviving Spouse = (1/2) = 60,000
Free Portion = Remaining Value = 60,000
(In this case)
---------------o-o-o---------------Articulo Mortis
A.) Testator Died within 3 Months from
the time of the marriage = (1/3) =
40,000
Free Portion = Remaining Value =
80,000 (In this case)
B.) Living as husband and wife for 5
years = (1/2) = 60,000
Free Portion = Remaining Value =
60,000 (In this case)

Situation 4: Only Illegitimate Parent OR

Illegitimate Parents and Surviving
Spouse
A.) Only Illegitimate Parent
Only Illegitimate Parent = (1/2) =
60,000
Free Portion = Remaining Value =
60,000 (In this case)
B.) Illegitimate Parent and Surviving
Spouse
Illegitimate Parent = (1/4) = 30,000
Surviving Spouse = (1/4) = 30,000
Free Portion = Remaining Value =
60,000 (In this case)