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SUCCESSION - CHAPTER 2 COMPULSORY SUCCESSION* - Coggle Diagram

- - - - WHO ARE COMPULSORY HEIRS:
        Article 887. The following are compulsory heirs:
        
        LEGITIMATE CHILDREN & DESCENDANTS
        (1) Legitimate children and descendants, with respect to their legitimate parents and ascendants;
        
        WITHOUT THEM, LEGITIMATE PARENTS AND ASCENDANTS
        (2) In default of the foregoing, legitimate parents and ascendants, with respect to their legitimate children and descendants;
        
        ILLEGITIMATE CHILDREN OTHER THAN NATURAL ARE ENTITLED TO
        SUPPORT & SUCCESSIONAL RIGHTS
        Article 287. Illegitimate children other than natural in accordance with article 269 and other than natural children by legal fiction are entitled to support and such successional rights as are granted in this Code. (n)
        
        ONLY NATURAL CHILDREN CAN BE LEGITIMATED
        Article 269. Only natural children can be legitimated.
        
        CHILD BORN OUT OF WEDLOCK NATURAL IF
        
        PARENTS NOT DQed TO MARRY
        
        AT TIME OF CONCEPCION
        Children born outside wedlock of parents who, at the time of the conception of the former, were not disqualified by any impediment to marry each other, are natural. (119a)
        
        WIDOW or WIDOWER
        (3) The widow or widower;
        
        ACKNOWLEDGED NATURAL CHILDREN & NATURAL CHILDREN BY LEGAL FICTIONS
        (4) Acknowledged natural children, and natural children by legal fiction;
        
        OTHER ILLEGITIMATE CHILDREN
        (5) Other illegitimate children referred to in article 287.
        
        NOT EXCLUDED BY 1 OR 2; INHERITS TOGETHER WITH 1 OR 2
        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.
        
        FILIATION OF ILLEGITIMATE CHILDREN MUST BE DULY PROVED
        In all cases of illegitimate children, their filiation must be duly proved.
        
        FATHER OR MOTHER OF ILLEGITIMATE CHILDREN SHALL INHERIT FROM THEM IN THE SAME MANNER & EXTENT UNDER NCC
        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. (807a)
        
        EACH ILLEGITIMATE CHILD GETS HALF THE SHARE OF EACH LEGITIMATE CHILD
        Each of them gets half the share of each legitimate child, and will be taken from the free portion after the share of the surviving spouse has been satisfied. (Paras)
        
        NO RECOGNITION, NOT COMPULSORY
        illegitimate children, to be compulsory heirs, must be recognized.
        
        SIGNED CERTIFICATE OF LIVE BIRTH
        If the alleged father signed on the certificates of live birth of the child as its father, this is very good evidence of acknowledgment or recognition.
        (Sanchez v. Fabilaran)
        
        NATURAL CHILDREN ARE LEGITIMATED UPON SUBSEQUENT VALID MARRIAGE
        Natural children, who have not been voluntarily recognized or acknowledged should be regarded as LEGITIMATED in case their parents will have a subsequent valid marriage. This is particularly true if said children had enjoyed the continuous possession of the status of acknowledged natural children by direct acts of the parents or the members of the family. Estoppel should prevent the family from questioning the status. Besides, technicality should give way. The said children will therefore be allowed to inherit.
        
        BROTHERS AND SISTERS ARE NOT COMPULSORY HEIRS
        Brothers and sisters ARE NOT compulsory heirs; neither are strangers but there is nothing wrong in giving them a share of the inheritance, if the testator so wants provided that the legitimes of the compulsory heirs are not impaired.
        In such case, the brothers, or the sisters, or even the strangers, would be termed voluntary heirs or devisees or legatees as the case may be.
        (Gutierrez del Camo v. Varela Calderon, 59 Phil. 631) (Manahan v. Manahan, 58 Phil. 448) (Barrios v. Enriquez, 52 Phil. 509)
    - - COMPULSORY HEIRS ARE NEVER COMPELLED TO ACCEPT THE LEGITIME
        Compulsory heirs are never compelled to accept the legitime — they may accept or reject — for no one can compel another to receive a gift or an economic advantage. They are called compulsory, only because the testator cannot disregard them. (Paras)
        
        2 KINDS OF COMPULSORY HEIRS
        There are two kinds of compulsory heirs:
        
        PRIMARY
        (a) the primary compulsory heirs
        
        SECONDARY
        (b) the secondary compulsory heirs
        (There may be also the concurring compulsory heirs as will be explained later.)
        
        ART. 887 1, 3, 4, & 5 ARE PRIMARY
        The primary compulsory heirs get their legitime even in the presence of the other primary compulsory heirs and even in the presence of the secondary compulsory heirs. The primary forced heirs are those mentioned in Nos. 1, 3, 4, and 5, Art. 887. Note that the illegitimate children, to be compulsory heirs, must be recognized.
        
        ART. 887 2 (ASCENDANTS) ARE SECONDARY
        The secondary compulsory heirs are those mentioned in No. 2 in Art. 887. They inherit only in the absence of No. 1 in Art. 887. The father or the mother of illegitimate children is also a secondary compulsory heir but only as provided for in Art. 903.
        
        LEGITIME OF PARENTS OF ILLEGITIMATE CHILD IS 1/2 IF LATTER HAS NO LEGITIMATE DESCENDANTS, SPOUSES, OR ILLEGITIMATE CHILDREN
        Article 903. The legitime of the parents who have an illegitimate child, when such child leaves neither legitimate descendants, nor a surviving spouse, nor illegitimate children, is one-half of the hereditary estate of such illegitimate child.
        If only legitimate or illegitimate children are left, the parents are not entitled to any legitime whatsoever. If only the widow or widower survives with parents of the illegitimate child, the legitime of the parents is one-fourth of the hereditary estate of the child, and that of the surviving spouse also one-fourth of the estate. (n)
        
        RULE ON CONCURRENCE (WHAT MA'AM CALLS IT)
        EITHER:
        
        1, 3, 4, & 5 INHERIT TOGETHER
        or
        
        2, 3, 4, & 5 INHERIT TOGETHER
    - - LEGITIME OF LEGITIMATE CHILDREN AND DESCENDANTS CONSISTS OF 1/2 OF HEREDITARY ESTATE OF FATHER & MOTHER
        Article 888. The legitime of legitimate children and descendants consists of one-half of the hereditary estate of the father and of the mother.
        
        LEGITIME OF LEGITIMATE PARENTS OR ASCENDANTS CONSISTS OF 1/2 OF HEREDITARY ESTATE OF THEIR CHILDREN AND DESCENDANTS
        Article 889. The legitime of legitimate parents or ascendants consists of one-half of the hereditary estates of their children and descendants.
        
        REMAINING 1/2 FREE PORTION IS SUBJECT TO RIGHTS OF
        
        ILLEGITIMATE CHILDREN
        
        SURVIVING SPOUSE
        The children or descendants may freely dispose of the other half, subject to the rights of illegitimate children and of the surviving spouse as hereinafter provided. (809a)
        
        LEGITIME FOR LEGITIMATE PARENTS DIVIDED BETWEEN THEM EQUALLY
        Article 890. The legitime reserved for the legitimate parents shall be divided between them equally;
        
        IF ONE PARENT DIES, WHOLE OF SUCH IS PASSED TO THE SURVIVOR
        if one of the parents should have died, the whole shall pass to the survivor.
        
        IF NO FATHER OR MOTHER BUT SURVIVED BY ASCENDANTS OF EQUAL DEGREE, LEGITIME IS DIVIDED EQUALLY BETWEEN BOTH LINES
        If the testator leaves neither father nor mother, but is survived by ascendants of equal degree of the paternal and maternal lines, the legitime shall be divided equally between both lines.
        
        NEARER EXCLUDES THE MORE REMOTE
        If the ascendants should be of different degrees, it shall pertain entirely to the ones nearest in degree of either line.
        
        REMAINING 1/2 FREE PORTION SUBJECT TO RIGHTS OF
        
        ILLEGITIMATE CHILDREN
        
        SURVIVING SPOUSE
        The latter may freely dispose of the remaining half, subject to the rights of illegitimate children and of the surviving spouse as hereinafter provided. (808a)
      - HOW MUCH LEGITIME
        (PARTICULARLY)
        
        WIDOW/ER GETS 1/4 IF:
        
        ONLY ONE LEGITIMATE CHILD OR DESCENDANT SURVIVES
        Article 892. If only one legitimate child or descendant of the deceased survives, the widow or widower shall be entitled to one-fourth of the hereditary estate.
        
        WIDOW/ER GETS EQUAL SHARE OF
        EACH LC IF:
        
        2 OR MORE LC OR DESCENDANTS
        If there are two or more legitimate children or descendants, the surviving spouse shall be entitled to a portion equal to the legitime of each of the legitimate children or descendants.
        
        WIDOW/ER GETS 1/4 IF:
        
        TESTATOR LEAVES NO LEGITIMATE DESCENDANTS
        
        BUT LEAVES LEGITIMATE ASCENDANTS
        Article 893. If the testator leaves no legitimate descendants, but leaves legitimate ascendants, the surviving spouse shall have a right to one-fourth of the hereditary estate.
        
        WIDOW/ER GETS 1/3
        &
        IC 1/3 IF:
        
        IC SURVIVE
        Article 894. If the testator leaves illegitimate children, the surviving spouse shall be entitled to one-third of the hereditary estate of the deceased and the illegitimate children to another third.
        
        EACH NC GETS 1/2 OF EACH LC OR DESCENDANT'S LEGITIME
        Article 895. The legitime of each of the acknowledged natural children and each of the natural children by legal fiction shall consist of one-half of the legitime of each of the legitimate children or descendants.
        
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        REMAINING 1/3 GOES TO FREE PORTION
        The remaining third shall be at the free disposal of the testator. (n)
        
        WIDOW/ER'S LEGITIME TAKEN FROM FP
        In both cases, the legitime of the surviving spouse shall be taken from the portion that can be freely disposed of by the testator. (834a)
        
        IN LEGAL SEPARATION
        SURVIVING SPOUSE INHERITS IF:
        
        DECEASED GAVE CAUSE FOR SEPARATION
        In case of a legal separation, the surviving spouse may inherit if it was the deceased who had given cause for the same.
        
        ILLEGITIMATE CHILDREN
        
        ILLEGITIMATE CHILDREN SURVIVING ALONE GET 1/2
        Article 901. When the testator dies leaving illegitimate children and no other compulsory heirs, such illegitimate children shall have a right to one-half of the hereditary estate of the deceased.
        The other half shall be at the free disposal of the testator. (842a)
        
        RIGHTS OF ILLEGITIMATE CHILDREN ARE TRANSMITTED UPON THEIR DEATH
        Article 902. The rights of illegitimate children set forth in the preceding articles are transmitted upon their death to their descendants, whether legitimate or illegitimate. (843a)
        
        ILLEGITIMATE PARENTS GET 1/2 IF
        
        ILLEGITIMATE CHILD HAS NO SURVIVING SPOUSE; AND
        
        ILLEGITIMATE CHILD HAS NO CHILDREN, LEGITIMATE OR ILLEGITIMATE
        Article 903. The legitime of the parents who have an illegitimate child, when such child leaves neither legitimate descendants, nor a surviving spouse, nor illegitimate children, is one-half of the hereditary estate of such illegitimate child.
        
        BUT IF ONLY CHILDREN ARE LEFT, SUCH PARENTS ARE NOT ENTITLED TO LEGITIME
        If ONLY legitimate or illegitimate children are left, the parents are not entitled to any legitime whatsoever.
        
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        RIGHTS OF COMPULSORY HEIRS
        
        TESTATOR CANNOT DEPRIVE COMPULSORY HEIRS OF LEGITIME
        Article 904. The testator cannot deprive his compulsory heirs of their legitime, except in cases expressly specified by law.
        
        TESTATOR CANNOT IMPOSE A BURDEN, ENCUMBRANCE, CONDITION, OR SUBSTITUTION ON LEGITIME
        Neither can he impose upon the same any burden, encumbrance, condition, or substitution of any kind whatsoever. (813a)
        
        RENUNCIATION OR COMPROMISE OF FUTURE LEGITIME IS VOID
        Article 905. Every renunciation or compromise as regards a future legitime between the person owing it and his compulsory heirs is void, and the latter may claim the same upon the death of the former;
        THEN BROUGHT TO COLLATION
        but they must bring to collation whatever they may have received by virtue of the renunciation or compromise. (816)
        
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        DONATIONS TO CHILDREN
        
        DONATIONS TO CHILDREN
        CHARGED TO LEGITIME
        Article 909. Donations given to children shall be charged to their legitime.
        Donations made to strangers shall be charged to that part of the estate of which the testator could have disposed by his last will.
        Insofar as they may be inofficious or may exceed the disposable portion, they shall be reduced according to the rules established by this Code. (819a)
        
        Article 910. Donations which an illegitimate child may have received during the lifetime of his father or mother, shall be charged to his legitime.
        Should they exceed the portion that can be freely disposed of, they shall be reduced in the manner prescribed by this Code. (847a)
        
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        DISINHERITANCE
        
        EFFECT: DEPRIVED OF LEGITIME
        Article 915. A compulsory heir may, in consequence of disinheritance, be deprived of his legitime, for causes expressly stated by law. (848a)
        
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        GROUNDS FOR DISINHERITANCE
        
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        IF LC ARE REPRESENTED, SHARE OF SPOUSE IS STILL EQUAL TO LC'S
        If there be no children, but there are, say, 6 grandchildren, the share of the surviving spouse should not be the same as the share of each of said six descendants, but should be computed on the number of children which said grandchildren are supposed to represent, for after all, grandchildren inherit by right of representation. (6 Manresa 589).
        
        TRUE EVEN IF GRANDCHILDREN INHERIT IN OWN RIGHT, AS WHEN ALL LC REPUDIATE
        This is also TRUE even if all the children repudiate, and the grandchildren inherit in their own right, and not by representation. A contrary answer would make it possible for the children to reduce very much the share of the surviving spouse by the simple expedient of refusing to accept the inheritance.