SURVIVORS TESTATE INTESTATE

LC Art. 888. The legitime of legiti- Art. 980. The children of the de-
mate children and descendants ceased shall always inherit from
consists of one-half of the heredi- him in their own right, dividing
tary estate of the father and of the inheritance in equal shares.
the mother.
The latter may freely dispose of
the remaining half, subject to the
rights of illegitimate children and
of the surviving spouse as here-
inafter provided.

LPAs Art. 889. The legitime of legiti- Art. 985. In default of legitimate
mate parents or ascendants con- children and descendants of the
sists of one-half of the hereditary deceased, his parents and ascen-
estates of their children and de- dants shall inherit from him, to
scendants. the exclusion of collateral rela-
The children or descendants may tives.
freely dispose of the other half,
subject to the rights of illegiti- Art. 987. In default of the father
mate children and of the surviv- and mother, the ascendants near-
ing spouse as hereinafter pro- est in degree shall inherit.
vided. (809a) Should there be more than one of
Art. 890. The legitime reserved equal degree belonging to the
for the legitimate parents shall same line they shall divide the in-
be divided between them heritance per capita; should they
equally; if one of the parents be of different lines but of equal
should have died, the whole shall degree, one-half shall go to the
pass to the survivor. paternal and the other half to the
maternal ascendants. In each line
If the testator leaves neither fa- the division shall be made per
ther nor mother, but is survived capita.
by ascendants of equal degree of
the paternal and maternal lines,
the legitime shall be divided
equally between both lines. If the
ascendants should be of different
degrees, it shall pertain entirely
to the ones nearest in degree of
either line.
1LC + SS Art. 892. If only one legitimate Art. 996. If a widow or widower
child or descendant of the de- and legitimate children or de-
2 or more LC + SS ceased survives, the widow or scendants are left, the surviving
widower shall be entitled to one- spouse has in the succession the
fourth of the hereditary estate. same share as that of each of the
In case of a legal separation, the children.
surviving spouse may inherit if it
was the deceased who had given Art. 999. When the widow or
cause for the same. widower survives with legitimate
children or their descendants and
Art. 897. When the widow or illegitimate children or their de-
widower survives with legitimate scendants, whether legitimate or
children or descendants, and ac- illegitimate, such widow or wid-
knowledged natural children, or ower shall be entitled to the
natural children by legal fiction, same share as that of a legitimate
such surviving spouse shall be en- child.
titled to a portion equal to the le-
gitime of each of the legitimate
children which must be taken
from that part of the estate
which the testator can freely dis-
pose of.

Art. 898. If the widow or widower

survives with legitimate children
or descendants, and with illegiti-
mate children other than ac-
knowledged natural, or natural
children by legal fiction, the
share of the surviving spouse
 shall be the same as that pro-
vided in the preceding article.

Las + SS Art. 893. If the testator leaves no Art. 997. When the widow or
legitimate descendants, but widower survives with legitimate
leaves legitimate ascendants, the parents or ascendants, the sur-
surviving spouse shall have a viving spouse shall be entitled to
right to one-fourth of the heredi- one-half of the estate, and the le-
tary estate. gitimate parents or ascendants to
This fourth shall be taken from the other half.
the free portion of the estate.

ILLC + SS Art. 894. If the testator leaves il- Art. 998. If a widow or widower
legitimate children, the surviving survives with illegitimate chil-
spouse shall be entitled to one- dren, such widow or widower
third of the hereditary estate of shall be entitled to one-half of
the deceased and the illegitimate the inheritance, and the illegiti-
children to another third. The re- mate children or their descen-
maining third shall be at the free dants, whether legitimate or ille-
disposal of the testator. gitimate, to the other half.

LC, ILLC, +SS Art. 895. The legitime of each of Art. 983. If illegitimate children
the acknowledged natural chil- survive with legitimate children,
dren and each of the natural chil- the shares of the former shall be
dren by legal fiction shall consist in the proportions prescribed by
of one-half of the legitime of Article 895.
each of the legitimate children or
descendants.
The legitime of an illegitimate
child who is neither an acknowl-
edged natural, nor a natural child
 by legal fiction, shall be equal in
every case to four-fifths of the le-
gitime of an acknowledged natu-
ral child.
The legitime of the illegitimate
children shall be taken from the
portion of the estate at the free
disposal of the testator, provided
that in no case shall the total le-
gitime of such illegitimate chil-
dren exceed that free portion,
and that the legitime of the sur-
viving spouse must first be fully
satisfied.

ILLC + LPAS Art. 896. Illegitimate children Art. 991. If legitimate ascendants
who may survive with legitimate are left, the illegitimate children
parents or ascendants of the de- shall divide the inheritance with
ceased shall be entitled to one- them, taking one-half of the es-
fourth of the hereditary estate to tate, whatever be the number of
be taken from the portion at the the ascendants or of the illegiti-
free disposal of the testator. mate children.

LPAs, ILLC + SS Art. 899. When the widow or Art. 1000. If legitimate ascen-
widower survives with legitimate dants, the surviving spouse, and
parents or ascendants and with il- illegitimate children are left, the
legitimate children, such surviv- ascendants shall be entitled to
ing spouse shall be entitled to one-half of the inheritance, and
one-eighth of the hereditary es- the other half shall be divided be-
tate of the deceased which must tween the surviving spouse and
be taken from the free portion, the illegitimate children so that
 and the illegitimate children shall such widow or widower shall
be entitled to one-fourth of the have one-fourth of the estate,
estate which shall be taken also and the illegitimate children the
from the disposable portion. The other fourth.
testator may freely dispose of the
remaining one-eighth of the es-
tate.

LPAs, ILLC + SS Art. 190. Legal or intestate suc-

cession to the estate of the
( adopted decedent) adopted shall be governed by
the following rules:
xxx
(4) When the adopters concur
with the illegitimate children
and the surviving spouse of the
adopted, they shall divide the
entire estate in equal shares,
one-third to be inherited by the
illegitimate children, one-third
by the surviving spouse, and
one-third by the adopters;
xxx

SS alone Art. 900. If the only survivor is Art. 995. In the absence of legiti-
the widow or widower, she or he mate descendants and ascen-
shall be entitled to one-half of dants, and illegitimate children
the hereditary estate of the de- and their descendants, whether
ceased spouse, and the testator legitimate or illegitimate, the
may freely dispose of the other surviving spouse shall inherit the
 half. (837a) entire estate, without prejudice
If the marriage between the sur- to the rights of brothers and sis-
viving spouse and the testator ters, nephews and nieces, should
was solemnized in articulo mor- there be any, under article 1001.
tis, and the testator died within
three months from the time of
the marriage, the legitime of the
surviving spouse as the sole heir
shall be one-third of the heredi-
tary estate, except when they
have been living as husband and
wife for more than five years. In
the latter case, the legitime of
the surviving spouse shall be that
specified in the preceding para-
graph.

ILLC alone Art. 901. When the testator dies Art. 988. In the absence of legiti-
leaving illegitimate children and mate descendants or ascendants,
no other compulsory heirs, such the illegitimate children shall
illegitimate children shall have a succeed to the entire estate of
right to one-half of the heredi- the deceased.
tary estate of the deceased.
The other half shall be at the free
disposal of the testator.
ILLP alone Art. 903. The legitime of the par- Art. 993. If an illegitimate child
ents who have an illegitimate should die without issue, either
child, when such child leaves nei- legitimate or illegitimate, his fa-
ther legitimate descendants, nor ther or mother shall succeed to
a surviving spouse, nor illegiti- his entire estate; and if the
mate children, is one-half of the child's filiation is duly proved as
hereditary estate of such illegiti- to both parents, who are both liv-
mate child. If only legitimate or ing, they shall inherit from him
illegitimate children are left, the share and share alike.
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 es-
tate of the child, and that of the
surviving spouse also one-fourth
of the estate.
ILLP + SS Art. 903. The legitime of the par- Art. 993. If an illegitimate child
ents who have an illegitimate should die without issue, either
child, when such child leaves nei- legitimate or illegitimate, his fa-
ther legitimate descendants, nor ther or mother shall succeed to
a surviving spouse, nor illegiti- his entire estate; and if the
mate children, is one-half of the child's filiation is duly proved as
hereditary estate of such illegiti- to both parents, who are both liv-
mate child. If only legitimate or ing, they shall inherit from him
illegitimate children are left, the share and share alike.
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 es-
tate of the child, and that of the
surviving spouse also one-fourth
of the estate.