The Laxa Doctrine: Legitimes and Intestate Shares

For my Utopian Brods and the Fragile Men of Joliants

Heirs Legitime Intestacy
Legitimate
Child/Children Alone 1/2 Whole estate divided equally
LC= 1/2 LC = 1/2
One Legitimate Child,
Surviving Spouse SS = 1/4 SS = 1/2
LC=1/2 YAN NA YUN. Sebastian: It will be
One Legitimate Child,
Surviving Spouse, and SS = 1/4 futile for someone to make a will. Pag yang tatlo
ang heirs mo, consumed fully ang estate mo
One Illegitimate Child
IC = 1/4 legitime pa lang. Haha

LC = 1/2 Whole estate divided among them,

observing the 2:1 ratio*
*If the FP is insufficient, the IC will divide the
remaining FP equally. Hence, the 2:1 ratio
Legitimate Children and sharing is not absolutely true in all instances.
IC = 1/2 of 1 LC as may This happens usually when there are too
Illegitimate Children
be accommodated, many illegitimates. Bigay muna legitime ng
otherwise reduce Legitimates, then share na lang yung IC sa
proportionately remaining FP. Pag outnumbered ang
legitimates ng more than twice by the IC,
insufficient na.

LC= 1/2 Whole estate divided among them,

Legitimate Children,
Surviving Spouse,
Illegitimate Children
Legitimate Parents Alone
Legitimate Ascendants
other than parents
observing the 2:1 ratio*
*Same rule as above na hindi absolutely true
SS = share of 1 LC ang 2:1. Prioritize the legitime of the
legitimates. Then the SS's share from the FP.
Whatever remains will be divided equally
IC = 1/2 of 1 LC among the IC.
LP = 1/2 Whole estate divided equally.
Whole estate divided equally.
*Never mangyari sa intestacy na magconcur
LP = 1/2
Parents and Grandparents. You should know why.
Also: PER STIRPES

Legitimate Parents and LP = 1/2 LP = 1/2

Illegitimate Children IC = 1/4 IC = 1/2
Legitimate Parents and LP = 1/2 LP = 1/2
Surviving Spouse SS = 1/4 SS = 1/2
Legitimate Parents, LP = 1/2 LP = 1/2
Surviving Spouse and IC = 1/4 IC = 1/4
Illegitimate Children SS = 1/8 SS = 1/4
General Rule: 1/2
Whole estate
If in articulo mortis:
1/3
Surviving Spouse Alone Remember: The person in danger of dying must
If in articulo mortis but have died within three months from the
cohabited for more celebration of the marriage for the articulo mortis
shits to apply.
than 5 years: 1/2
Illegitimate Children
IC = 1/2 Whole estate divided equally
Alone
Illegitimate Children and IC = 1/3 IC = 1/2
Surviving Spouse SS = 1/3 SS = 1/2
Illegitimate Parents
IP = 1/2 Whole estate divided equally
Alone
Illegitimate Parents and IP = 1/4 IP = 1/2
Surviving Spouse SS = 1/4 SS = 1/2
Rey Laxa One has to pay dearly for immortality; one has to die several times while still alive.

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 The Laxa Doctrine: Legitimes and Intestate Shares
Heirs
Surviving Spouse and
Legitimate Brothers and
Sisters, Nephews and
Nieces
Surviving Spouse and
Illegitimate Brothers and
Sisters, Nephews and
Nieces
Legitimate Brothers and
Sisters Alone
Legitimate Brothers and
Sisters, Nephews and
Nieces
Illegitimate Brothers and
Sisters Alone
Illegitimate Brothers and
Sisters, Nephews and
Nieces
Nephews and Nieces
Alone
Other Collaterals
STATE
Rey Laxa One has to pay dearly for immortality; one has to die several times while still alive.
For my Utopian Brods and the Fragile Men of Joliants
Legitime Intestacy
SS = 1/2
Legit B&S, N&N = 1/2
SS = 1/2
N&Ns inherit by representation only. Eto lang ang
representation sa collateral line
SS = 1/2
Illegit B&S, N&N = 1/2
SS = 1/2
N&Ns inherit by representation only. Eto lang ang
representation sa collateral line.
Whole estate divided among them,
WALA observing the 2:1 ratio for full-blood
and half-blood siblings
Whole estate divided among them,
observing the 2:1 ratio for full-blood
WALA and half-blood siblings
Brothers and Sisters: Per Capita
Nephews and Nieces: Per Stirpes
Whole estate divided among them,
observing the 2:1 ratio for full-blood
WALA and half-blood siblings
Bakit di magconcur legitimate and
illegitimate siblings? 992!
Whole estate divided among them,
WALA observing the 2:1 ratio for full-blood
and half-blood siblings
Whole estate divided among them,
observing the 2:1 ratio for full-blood
and half-blood siblings
WALA
*N&Ns exclude uncles and aunts kahit same
degree sila. Art 1009. Bacayo vs Borromeo.
Whole estate divided equally,
observing the rules in proximity in
WALA degree
*walang representation, walang half-blood,
full-blood shits
WALA Resident Non-Resident
Decedent Decedent
Personal Property Personal Property
Municipality of and Real Property
the last residence Municipality
where it is
Real Property situated
Municipality
where it is
situated
Estate shall be for the benefit of public schools and
charities in such municipalities.
The court, upon motion or motu proprio, may order the
establishment of a permanent trust such that only the
income from the properties shall be used.
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 The Laxa Doctrine: Legitimes and Intestate Shares
For my Utopian Brods and the Fragile Men of Joliants
*An adopted child inherits from the adopter like a legitimate child but the adopted is not an intestate/legal heir of
the parents and other relatives of his adopter.

Is an adopter a compulsory heir?

Deins! Art. 190 did not make the adopter a compulsory heir because only the free portion is given to him.
Therefore, an adopter cannot be preterited as the Family Code gave the adopter successional rights only in
intestacy and not in testacy.

Heirs Legitimes Intestate Shares

Legitimate Parents/Ascendants or LP or IP = 1/2 LP or IP = 1/2
Illegitimate Parents AND Adopter Adopter = WALA Adopter = 1/2
Surviving Spouse or Illegitimate SS or IC = 1/2 SS or IC = 1/2
Children AND Adopter Adopter = WALA Adopter = 1/2
Illegitimate Children, Surviving IC = 1/3 IC = 1/3
Spouse, AND Adopter SS = 1/3 SS = 1/3
Adopter = WALA Adopter = 1/3
The biological relatives of an adopted child are still his heirs. That the child was put up for adoption is not a ground
to disinherit biological parents because giving up a child for adoption is not illegal nor is it an act of abandonment.
The biological parents will not get their legitime or intestate share if the child was abandoned or given away without
the benefit of judicial adoption.

Rules on Exclusion and Concurrence

1. Legitimate Children or Descendants

a. Exclude parents, collaterals and the State
b. Concur with Surviving Spouse and illegitimate children or descendants
c. Excluded by no one
2. Illegitimate Children or Descendants
a. Exclude parents of illegitimate children, collaterals and the State
b. Concur with Surviving Spouse and legitimate children, and legitimate parents
c. Excluded by no one
3. Legitimate Parents
a. Exclude collaterals and the State
b. Concur with illegitimate children and the surviving spouse
c. Excluded by legitimate children
4. Parents of illegitimate children (Illegitimate parents) [basta may anak legit or illegit, walang legitime ang
IP)
a. Exclude collaterals and the State
b. Concur with the surviving spouse
c. Excluded by legitimate and/or illegitimate children
5. Surviving Spouse
a. Excludes collaterals other than brothers, sisters, nephews, nieces, and the State
b. Concur with legitimate children, illegitimate children, legitimate parents, illegitimate parents,
brothers, sisters, nephews and nieces
c. Excluded by no one (SS always concurs! Except for valid grounds. Ex: gave cause for legal
separation)
6. Brothers and sisters, nephews and nieces (Tandaan, deins nagmamana ang illegitimate sibling sa
legitimates)
a. Exclude all other collaterals and the State
b. Concur with the surviving spouse
c. Excluded by legitimate children, illegitimate children, legitimate parents, and illegitimate parents
7. Other collaterals up to the fifth degree (Anak ng Pinsan mo! Pinsan ng Tatay mo! Isip pa!)
a. Exclude collaterals in remoter (or more remote? Pili ka!) degrees and the State
b. Concur with collaterals in the same degree
c. Excluded by legitimate children, illegitimate children, legitimate parents, illegitimate parents,
surviving spouse, brothers and sisters, nephews and nieces
8. State (Pag nagcompute ka tapos may kahati yung State sa computation mo, iyak ka na!)
a. Excludes no one
b. Concurs with no one
c. Excluded by everyone

Rey Laxa One has to pay dearly for immortality; one has to die several times while still alive.

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 The Laxa Doctrine: Legitimes and Intestate Shares
For my Utopian Brods and the Fragile Men of Joliants
The Laxa Doctrine:

You do not need to memorize the intestate shares. Only the legitimes!
How? Sakin na lang yun!

For example:
Combination: Legitimate Parents, Illegitimate Children and Surviving Spouse.
Legitimes: LP = 1/2
IC = 1/4
SS = 1/8
Free Portion: 1/8

So pano nga? Sabi ni Rey imemorize ko lang legitimes e? Yari na!

General Rule:
The heir who gets the smallest legitime always gets the free portion. So in the example above, ganito ang
mangyayari. Ang kumurap, patay!
LP = 1/2
IC = 1/4
SS = 1/8 + 1/8 na FP so: 1/4
AMAZING!!!
Sample pa!
Combination: Legitimate Parents and Surviving Spouse
Legitimes: LP = 1/2
SS = 1/4
Free Portion: 1/4

Ano sabi ko? Heir who gets the smallest legitime gets the FP diba! So eto ang intestate shares nila:
LP = 1/2
SS = 1/4 + 1/4 na FP so: 1/2

Pag may General Rule, may exception! Naku po!

Exception number 1:
Pano po pag equal shares? E di walang smallest?

Example 1: Surviving Spouse and Illegitimate Children

Legitimes: IC = 1/3
SS = 1/3
Free Portion: 1/3
Since walang lowest at equal shares sila, share din sila sa FP. So bale tig: 1/6 sila.
IC = 1/3 + 1/6 na share nya sa FP so: 1/2
SS = 1/3 + 1/6 na share nya sa FP so: 1/2
Wala po bang shortcut? Meron! Basta equal share sila, gawin mo ng 1/2 pareho. Tapos!

Example 2: Surviving Spouse and Illegitimate Parents

Legitimes: IP = 1/4
SS = 1/4
Free Portion 1/2
Rekta na! Intestate Shares, itaas mo agad sa 1/2 pareho!
IP = 1/2
SS = 1/2
Exception number 2:
When the combination involves legitimate children, illegitimate children, and surviving spouse: Follow the 2:1
ratio. Never forget to make sure [redundant para di nyo makalimutang tandaan (redundant ulit)] that the
legitimates legitimes are not impaired followed by that of the surviving spouse. The illegitimates share whatever
remains.
Exception to the exception:
Pag ONE Legitimate Child and Surviving Spouse lang: 1LC= 1/2, SS = 1/2
Kasi pag more than 1 LC and Surviving Spouse ang combination, divide the whole estate equally lang with
the SS being given a share equal to that of one LC. Parami ng parami ang anak, paliit ng paliit share ng SS.
Ganyan lang po kadali ang Succession.

Rey Laxa One has to pay dearly for immortality; one has to die several times while still alive.