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Parent is excluded
Grandchild gets the entire estate
Legal basis: Succession pertains in the first place to the direct descending line (Art 978).
In intestacy:
Legitimate child gets one half of the estate as his legitime.
Illegitimate child gets one half od the share of one legitimate child.
The remainder to be divided between the in the ratio of 10:5 or 2:1 in favor of the legitimate child.
Q 40. Half-brother and nephew (the son of a full-blood brother who predeceased).
Half brother gets half the share of one full-blood brother in his own right.
Nephew- gets twice the share of a half-blood brother by right of representation.
Legal basis: Art. 1006, CC
PART II GIVE THE VALUE OF LEGITIME / INTESTATE SHARE OF THE FOLLOWING HEIRS WITH
EXPLANATION.
1. THE LEGITIME OF THE SPOUSE SURVIVING ALONE AFTER TEN YEARS shall be –
Spouse- One half (½) of the entire estate
(the remaining ½ is the free portion which the Testator can freely disposed of by will).
In Testacy:
One illegitimate parent… if instituted, share to be taken from the free portion
Four (4) illegitimate children ½ of entire estate to be divided equally
In Intestacy:
One illegitimate parent …. None
Four (4) illegitimate children = entire estate to be divided equally
04. THE LEGITIME OF THE SPOUSE surviving with one legitimate descendant.
In Testacy:
Spouse gets 1/3 of the estate (Art 894)
One illegitimate child gets 1/3 of the estate (Art 894).
Remaining 1/3 = free portion
In Intestacy:
Surviving Spouse gets ½ of the estate
One Illegitimate child gets another half of the estate
Spouse –One half of the estate as legitime and another half as share by operation of law. All in all the
entire estate (Art. 900, CC).
08. THE LEGITIMES OF: One illegitimate child Four (4) legitimate children and a Spouse
One illegitimate child …..1/2 of the share of one legitimate child to be taken from free portion (Art 176,
FC)
Four (4) legitimate children … 1/2 of the estate in equal shares division (Art 888, CC)
Surviving Spouse ..1/2 of the share of one legitimate child to be taken from free portion(Art 892, CC)
In Testacy:
One brother …. From free portion, if instituted
Reason: Brothers and sisters are not compulsory heirs but merely voluntary heirs just like strangers.
Surviving Spouse….1/2 of the estate
In Intestacy
One Brother …. None
Surviving Spouse ..entire estate
Note: The shares of One legitimate child and surviving spouse is based Arts 888, 892,(2) and 897, CC
while Art 176 FC on the share of an illegitimate child which is equivalent to ½ of the share of a
legitimate child. To apply it squarely would result in a deficiency in the distribution of the estate. Under
the law on Succession, the share of a legitimate child and the share of the surviving spouse are
preferred over illegitimate children and should be satisfied first, while the share of the illegitimate
children which will be taken from the free portion shall ultimately suffer the reduction based on
practical grounds, justice and equity.