COMBINATION OF HEIRS INTESTATE SUCCESSION

1. Legitimate children alone The whole estate divided equally (979)

2. Legitimate children and illegitimate children the whole estate, each illegitimate child getting 1/2 the share of one
legitimate child. (983CC and 176FC)
3. Legitimate children and surviving spouse the whole estate, divided equally (the surviving
spouse counted as one legitimate child). (996)
4. legitimate children, surviving spouse & illegitimate children—999 the whole estate, the surviving spouse being counted as one legitimate
& 176 (FC) child and each illegitimate child getting 1/2 the share of one legitimate
child
5. legitimate parents alone—985 the whole estate, divided equally
6. legitimate ascendants (other than parents) alone— 987 the whole estate, observing, in proper cases, the rule of division by line
7. legitimate parents & illegitimate children—991 legitimate parents—1/2 of the estate
illegitimate children—1/2 of the estate
8. legitimate parents & surviving spouse—997 legitimate parents—1/2 of the estate
surviving spouse—1/2 of the estate
9. legitimate parents, surviving spouse, illegitimate children—1000 legitimate parents—1/2 of the estate
surviving spouse—1/4 of the estate
illegitimate children—1/4 of the estate
10. illegitimate children alone—988 the whole estate, divided equally
11. illegitimate children & surviving spouse—998 illegitimate children—1/2 of the estate
surviving spouse—1/2 of the estate
12. surviving spouse alone—994 & 995 The whole estate
13. surviving spouse & illegitimate parents—no article governing surviving spouse—1/2 of the estate) by analogy
illegitimate parents—1/2) with Art. 997 of the estate )
14. surviving spouse & legitimate brothers & sisters, nephews & surviving spouse—1/2 of the estate
nieces—1001 legitimate brothers, sisters, nephews, nieces—1/2 of the estate (the
nephews and nieces inheriting by representation, in the proper cases)
15. surviving spouse & illegitimate brothers & sisters, nephews & surviving spouse—1/2 of the estate
nieces—994 illegitimate brothers, sisters, nephews, nieces—
1/2 of the estate (the nephews and nieces inheriting by representation,
in the proper cases
16. illegitimate parents alone—993 The whole estate
17. illegitimate parents & children of any kind—cf. 993 illegitimate parents—excluded children-inherit in accordance with Nos.
1, 2, & 10, supra
18. legitimate brothers & sisters alone—1004 & 1006 the whole estate, with a brother/sister of the halfblood inheriting 1/2
the share of a brother/sister of the full-blood.
19. legitimate brothers & sisters, nephews & nieces— 1005 & 1008 the whole estate, observing the 2:1 proportion of full- and half-blood
fraternity (No. 18, supra) and the nephews and nieces inheriting by
representation in the proper cases
20. nephews & nieces with uncles & aunts—1009 By inference uncles and aunts-excluded [Bacayo v. Borromeo, 145 SCRA
986 [1986]) nephews and nieces inheriting in accordance with No. 23,
infra
21. illegitimate brothers and sisters alone—no article governing the whole estate, observing the 2:1 proportion of full- and half- blood
fraternity—by analogy with No. 18, supra
22. illegitimate brothers, sisters, nephews, and nieces— no article the whole estate, as in No. 19, supra, by analogy
governing
23. nephews & nieces alone—975 & 1008 the whole estate, per capita, but observing the 2:1 proportion for the
full- and the half- blood
24. other collaterals—1009 & 1010 the whole estate, per capita, the nearer in degree excluding the more
remote
25. State—1011 The whole estate
1. Assignment & disposition of decedent’s assets:
a. If decedent was a resident of the Philippines at any time:
i) Personal property—to municipality of last residence;
ii) Real property—where situated
b. If decedent never a resident of the Philippines:
Personal and real property—where respectively situated
2. How property is to be used:
a. For the benefit of public educational and charitable institutions in the
respective municipalities/ cities;
b. Alternatively, at the instance of an interested party, or motu proprio,
court may order creation of a permanent trust for the benefit of the
institutions concerned.