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Posted below is a comparative table of legitimes and intestate shares.

Surviving Intestate share


Illegitimate 1/3 1/2

1/3 1/2
Surviving spouse
(Remaining 1/3 is
free portion; Art.
894, NCC)

Illegitimate 1/4 1/4

1/8 1/4
Surviving spouse
1/2 1/2
Legitimate parents
(Art. 899, NCC;
testator may freely
dispose of the
remaining 1/8 of the

Illegitimate 1/4 1/2

1/2 1/2
Legitimate parents

Legitimate parents 1/2 1/2

Surviving spouse 1/4 (taken from the 1/2

free portion)

(Art. 893, NCC)

Illegitimate 1/4 1/2

1/4 1/2
Surviving spouse

Illegitimate 1/2 (divided by All

children alone number of
illegitimate children)

Remainder is free
portion (Art. 901,

Legitimate parents 1/2; remaining half All

alone is free portion (Arts.
889 and 890, NCC)

Illegitimate 1/2 All

parents alone

Surviving spouse 1/2, 1/3, 1/2 (Art. All

alone 900, NCC)

Legitimate 1/2 (divided by the All

children (or their number of children)
alone Remaining half is
free portion (Art.
888, NCC)

One legitimate 1/2 1/2

child (or
1/4 1/2
Surviving spouse
Remaining 1/4 is
free portion (Art.
892, NCC)

Two or more 1/2 (divided by the Consider spouse as 1

legitimate children number of children) legitimate child and
(or their divide estate by total
descendants) number

Equal to the share

of one child
Surviving spouse
Remainder is free
portion (Art. 892,

Legitimate child 1/2 Please readArticle 176

of the Family Code:
Illegitimate child 1/2 of each computing the
legitimate child (Art. legitimes of legitimate
176, Family Code) and illegitimate
children; an illegitimate
Remainder is free child gets one-half)
portion (Art. 892,

Surviving spouse 1/2 (remaining half 1/2

is free portion; Art.
900, NCC)

Not entitled to
Brothers and anything since they 1/2 (divided by the
sisters (nephews are not compulsory number of brothers
and nieces, in heirs; testator may and sisters; nephews
case of deceased choose to give them and nieces of
siblings) something out of the deceased siblings
free portion divide among
themselves the share
that should have to
their parents)

Art. 1001, NCC