Name: Kristine Joy S.

Esgana
Subject: Succession (6:30 – 9:00 / 7:30 – 9:00 PM Mon/Tue)

TEST I

1. T died intestate leaving a ₽700,000.00 estate. He was survived by his widow, A. four (4)
legitimate children, B, C, D and E, and two (2) illegitimate children, F and G. Divide the estate.

ANSWER:
Survivors:
4 legitimate children - B, C, D and E
Surviving spouse -A
2 illegitimate children - F and G

Ratio: 2:2:1

Computation:
4 legitimate children -2x4=8 ₽58,333.33 x 8 = ₽466,666.67
Surviving spouse -2x1=2 ₽58,333.33 x 2 = ₽116,666.66
2 illegitimate children -1x2=2 ₽58,333.33 x 2 = ₽116,666.66
12
₽700,000.00/12 = ₽58,333.33

Sharing:
Legitimate children (B, C, D and E) = ₽466,666.67/4 = ₽116,666.66 each
Illegitimate children (F and G) = ₽116,666.66/2 = ₽58,333.33 each
Surviving spouse (A) = ₽116,666.66

Note:
1. If illegitimate children survive with legitimate children, each illegitimate child gets ½ of the share
of one legitimate child. (Art. 983)
2. If the spouse survives with legitimate children or their descendants and illegitimate children or
their descendants, the spouse shall be entitled to the same share as that of a legitimate child. (Art.
999)

Thus, A shall inherit ₽116,666.66; B, C, D and E shall inherit ₽116,666.66 each; and F and G shall inherit
₽58,333.33 each.
Name: Kristine Joy S. Esgana
Subject: Succession (6:30 – 9:00 / 7:30 – 9:00 PM Mon/Tue)

TEST I

2. Same facts in No. 1. G has 1 legitimate child, G-1, and 1 illegitimate child, G-2. C has 1 legitimate
child, C-1, and 1 illegitimate child, C-2. B has a child B-1. G predeceased T and C is incapacitated
to inherit. Divide the estate.

ANSWER:
Survivors:
4 legitimate children - B, C (incapacitated), D and E
Surviving spouse -A
2 illegitimate children - F and G (predeceased)
Legitimate child of G - G-1
Illegitimate child of G - G-2
Legitimate child of C - C-1
Illegitimate child of C - C-2
Child of B - B-1

Ratio: 2:2:1

Computation:
4 legitimate children -2x4=8 ₽58,333.33 x 8 = ₽466,666.67
Surviving spouse -2x1=2 ₽58,333.33 x 2 = ₽116,666.66
2 illegitimate children -1x2=2 ₽58,333.33 x 2 = ₽116,666.66
12
₽700,000.00/12 = ₽58,333.33

Sharing:
Legitimate children (B, C, D and E) = ₽466,666.67/4 = ₽116,666.66 each
C’s share:
C-1 (legitimate child) = ₽116,666.66
C-2 (illegitimate child) = none

Illegitimate children (F and G) = ₽116,666.66/2 = ₽58,333.33 each

G’s share:
G-1 (legitimate child) = ₽29,166.66
G-2 (illegitimate child) = ₽29,166.66

Surviving spouse (A) = ₽116,666.66

Note:
1. Illegitimate children may be represented by their legitimate and illegitimate descendants (Art. 902
and Art. 989). Hence, G-1 and G-2 shall inherit the share of G by representation.
2. Legitimate child may not be represented by the illegitimate descendants (Art. 992). Hence, only C-
1 shall inherit by representation.
3. Presence of B excludes B-1 because the relative nearest in degree excludes the more distant ones
(Art. 962).
 Thus, A shall inherit ₽116,666.66; B, C-1, D and E shall inherit ₽116,666.66 each; F shall inherit
₽58,333.33; and G-1 and G-2 shall inherit ₽29,166.66 each.

3. Same facts in No. 1 and 2. All children repudiates the inheritance. Divide the estate.

ANSWER:
Under Article 977 of the Civil Code, heirs who repudiate their share may not be represented.
Moreover, Article 995 provides that in the absence of legitimate descendants and ascendants, and
illegitimate children and their descendants, whether legitimate or illegitimate, the surviving spouse
shall inherit the entire estate, without prejudice to the rights of brothers and sisters, nephews and
nieces, should there be any.

In this instance, since all the children of T repudiates the inheritance, they cannot be
represented. Thus, all the entire estate of T amounting to ₽700,000.00 shall be inherited by the
surviving spouse, A.
Name: Kristine Joy S. Esgana
Subject: Succession (6:30 – 9:00 / 7:30 – 9:00 PM Mon/Tue)

TEST II

1. T died instate leaving ₽1,400,000.00 estate. He was survived by his widow, A, full blood sisters,
B,C, D and E and half-blood sisters F, G and H. H has one legitimate child, H-1, and one
illegitimate child, H-2. H predeceased T.

ANSWER:
Survivors:
Surviving spouse -A
Full blood sisters - B, C, D and E
Half-blood sisters - F, G and H (predeceased)
LC of H - H-1
IC of H - H-2

Sharing/Ratio:
Surviving spouse – ½
Brothers and sisters – ½
Ratio for full-blood and half blood sisters - 2:1

Computation:
Surviving spouse - ₽1,400,000.00 x ½ = ₽700,000.00

4 Full blood sisters – 2 x 4 = 8 ₽63,636.36 x 8 = ₽509,090.91

3 Half-blood sisters – 1 x 3 = 3 ₽63,636.36 x 3 = ₽190,909.09
11

₽700,000.00/ 11 = ₽63,636.36

Sharing:
Surviving spouse (A) = ₽700,000.00
4 Full blood sisters (B, C, D and E) = ₽509,090.91/4 = ₽127,272.73 each
Half-blood sisters (F and G) = ₽190,909.09/3 = ₽63,636.36 each
Children of H (H-1 and H-2) = ₽63,636.36 = ₽31,818.18 each

Note:
a. If the spouse survives with brothers and sisters or their children, the spouse shall be entitled to ½
of the inheritance and the brothers and sisters or their children to the other ½ (Art. 1001). Hence,
A shall inherit ½ of the ₽1,400,000.00 estate of T.
b. Should the brothers and sisters of the full blood survive together with brothers and sisters of the
half-blood, the former shall be entitled to a share double that of the latter. Hence, the ratio of 2:1.
c. Should brothers and sisters survive together with nephews and nieces, who are the children of the
descendant’s brother and sisters, the former shall inherit per capita and the latter per stirpes (Art.
1005 and Art. 1008).

Thus, A, the surviving spouse shall inherit ₽700,000.00; B, C, D and E shall inherit ₽127,272.73 each;
F and G shall inherit ₽63,636.36 each; and H-1 and H-2 shall inherit ₽63,636.36 per stirpes or ₽31,818.18
each.
Name: Kristine Joy S. Esgana
Subject: Succession (6:30 – 9:00 / 7:30 – 9:00 PM Mon/Tue)

TEST II

2. Same facts in No. 1. F has two (2) sons, F-1 and F-2. F repudiates the inheritance. All brothers
and sisters predeceased. Divide the estate.

ANSWER:
Survivors:
Surviving spouse -A
Full blood sisters - B, C, D and E (all predeceased)
Half-blood sisters - F (repudiates), G and H (all predeceased)
LC of H - H-1
IC of H - H-2
Sons of F - F-1 and F-2

Sharing/Ratio:
Surviving spouse – ½
Brothers and sisters or their descendants – ½

Computation:
Surviving spouse - ₽1,400,000.00 x ½ = ₽700,000.00
H-1 and H-2 - ₽1,400,000.00 x ½ = ₽700,000.00 or ₽350,000.00 each

Note:
1. If the spouse survives with brothers and sisters or their children, the spouse shall be entitled to ½
of the inheritance and the brothers and sisters or their children to the other ½ (Art. 1001).
2. Heirs who repudiate their share may not be represented (Art. 977). Hence, F-1 and F-2 cannot
represent F.
3. Since B, C, D and E predeceased T without any descendants, estate shall be divided by A, the
surviving spouse and descendants of H.

Thus, A shall inherit ₽700,000.00 per capita while H-1 and H-2 shall inherit ₽700,000.00 per
stirpes or ₽350,000.00 each.
3. T died intestate leaving a ₽900,000.00 estate. He was survived by three (3) legitimate children,
A, B and C. A has one legitimate child, A-1, and one illegitimate child, A-2. B has two legitimate
children, B-1 and B-2. C has a son, C-1. A predeceased T, B is incapacitated to inherit, and C
repudiates. Divide the estate. Indicate the modes of transmission.

ANSWER:
Survivors:
3 legitimate children - A, B and C
Legitimate child of A - A-1
Illegitimate child of A - A-2
Legitimate children of B - B-1 and B-2
Son of C - C-1

Sharing: divide equally

Situation:
A – predeceased T
B – incapacitated to inherit
C – repudiates the inheritance

Computation:
Estate/2 = ₽900,000.00/2 = ₽450,000.00
A’s share:
A-1 - ₽450,000.00
A-2 - ₽225,000.00
B’s share:
B-1 - ₽225,000.00
B-2 - ₽225,000.00

Summary:
HEIRS INTESTATE BY REPRESENTATION
SUCCESSION
A ₽450,000.00
A-1 (LC) ₽450,000.00
A-2 (IC) -
B ₽450,000.00
B-1 (LC) ₽225,000.00
B-2 (IC) ₽225,000.00
C -
C-1 -

Note:
1. Since C repudiates the inheritance, only A and B can inherit. They shall divide the estate equally.
2. Heirs who repudiate their share may not be represented (Art. 977). Hence, C-1 cannot represent
C to the inheritance from T since C repudiates the inheritance.
3. Legitimate child may not be represented by the illegitimate descendants (Art. 992). Hence, only A-
1 can represent A while both B-1 and B-2 can represent B.