TABLES OF LEGITIMES

WHEN SURVIVING ALONE

of the hereditary estate (Free portion = )
Surviving spouse where the marriage was solemnized
1/3 of the hereditary estate (Free portion =2/3)
under articulo mortis and the deceased died within 3
months from the time of marriage.
NOTE: The deceased was the spouse who was at the point of
death at the time of marriage (Tolentino, Civil Code, 1992 ed.)

Surviving spouse where the marriage was solemnized

under articulo mortis and the deceased died within 3
months from the time of marriage but the parties have
been living as huband and wife for more than 5 years
prior to the marriage

of the hereditary estate (Free portion = )

PRIMARY HEIRS CONCUR WITH CONCURRING COMPULSORY HEIRS

One legitimate child and the surviving spouse
Legitimate child = of the hereditary estate
Surviving spouse = of the hereditary estate
Free portion =
Two or more legitimate children and the surviving
Legitimate children = of the hereditary estate in
spouse
equal portions
Surviving spouse = a share equal to that of each child
Free portion = whatever remains
One legitimate child and illegitimate children
Legitimate child = of the hereditary estate (if there
are several, they shall divide the share in equal
portions)
Illegitimate children = of the share of each legitimate
child (if the free portion is insufficient, the illegitimate
children shall divide the free portion equally among
themselves)
Free portion = whatever remains
One legitimate child, the surviving spouse, and
Legitimate child = of the hereditary estate
illegitimate children
Surviving spouse = of the hereditary estate
Illegitimate children = of the share of each legitimate
child
Free portion = whatever remains
NOTE: The share of the surviving spouse shall have preference
over those of the illegitimate children whose share may suffer
reduction pro rata because there is no preference as among
themselves.

Two or more legitimate children, surviving spouse, and

illegitimate children

Legitimate children = of the hereditary estate in

equal portions
Surviving spouse = a share equal to that of each
legitimate child
Illegitimate children = of the share of each legitimate
child
Free portion = whatever remains
NOTE: The share of the surviving spouse shall have preference
over those of the illegitimate children whose share may suffer
reduction pro rata because there is no preference as among
themselves.

SECONDARY HEIRS CONCUR WITH COMPULSORY HEIRS

Legitimate parents and surviving spouse
Legitimate parents = of the hereditary estate
Surviving spouse = of the hereditary estate
Free portion =
Legitimate parents and illegitimate children
Legitimate parents = of the hereditary estate
Illegitimate children = of the hereditary estate in
equal shares
Free portion =
Legitimate parents, surviving spouse, and illegitimate
Legitimate parents = of the hereditary estate
children
Illegitimate children = of the hereditary estate in
equal shares
Surviving spouse = 1/8 of the hereditary estate

Parents of the Illegitimate Decedent and children

Parents of the Illegitimate Decedent and the surviving

spouse

Free portion = 1/8

Parents = excluded
Children = if legitimate and of the share of each
legitimate child if illegitimate children
Free portion = whatever remains
Parents = of the hereditary estate
Surviving spouse = of the hereditary estate
Free portion =

CONCURRENCE AMONG CONCURRING COMPULSORY HEIRS

Surviving spouse and illegitimate children
Surviving spouse = 1/3 of the hereditary estate
Illegitimate children = 1/3 of the hereditary estate