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996, Civil Code).Art. 996
CIVIL CODE OF THE PHILIPPINES510Heirs of the Late Mario V. ChanliongcoAdm. Matter 190-RETOct. 18, 1977FACTS:A Supreme Court attorney died intestate leaving as his heirs his widow, a legitimate son, and two recognized illegitimate children. Distribute his estate. HELD:The legitimate son gets 1/2, the widow 1/4, and the two recognized illegitimate children (whether natural or spurious) 1/8 each. (Note that ordinarily each recognized natu-ral child should get 1/2 of the share of each legitimate child, and each recognized spurious child should get 2/5 of the share of each legitimate child, but if this sharing would be followed, the estate would not be enough). [NOTE:Under Art. 165 of the Family Code, there is no mention of the natural child nor the spurious child.].Art. 997. When the widow or widower survives with le-gitimate parents or ascendants, the surviving spouse shall be entitled to one-half of the estate, and the legitimate parents or ascendants to the other half. (836a)COMMENT:(1) Share of Surviving Spouse With Legitimate Parents or Ascendants Example:Estate = P1 millionSurviving:Legitimate father — P500,000Surviving spouse — P500,000P1,000,000Another example:Estate = P1,000,000Surviving:Legitimate father — P250,000Art. 997
CIVIL CODE OF THE PHILIPPINES511Legitimate mother — P250,000Surviving spouse — P500,000P1 million(2) Problem in Partial IntestacyEstate = P1,000,000Legacy = P100,000Survivors:1 legitimate father1 surviving spouseDivide the estate.ANS.:(a) legacy — P100,000(b) legitimate father — P500,000(c) surviving spouse — P400,000P1,000,000[NOTE:The legacy was taken from the intestate share of the surviving spouse; after all, her legitime has not been impaired. To get it from the intestate share of the father, or to make him share the legacy proportionately with the surviving spouse would impair his legitime.].[NOTE:The plural “parents” or “ascendants” must be deemed to include the singular “parent” or “ascendant.”].Art. 998. If a widow or widower survives with illegitimate children, such widow or widower shall be entitled to one-half of the inheritance, and the illegitimate children or their descendants, whether legitimate or illegitimate, to the other half. (n)COMMENT:Intestate Shares of Surviving Spouse Concurring With Illegitimate Children (a) Surviving spouse — 1/2(b) Illegitimate children or descendants — 1/2Art. 998
CIVIL CODE OF THE PHILIPPINES512Art. 999. When the widow or widower survives with legitimate children or their descendants and illegitimate children or their descendants, whether legitimate or illegiti-mate, such widow or widower shall be entitled to the same share as that of a legitimate child. (n)COMMENT:(1) Share of Surviving Spouse Concurring With Children or Other DescendantsThree classes are surviving in this Article:(a) Legitimate children or descendants (legitimate)(b) Illegitimate children or descendants (legitimate or illegitimate)(c) Surviving spouse(2) ExampleIntestate Estate — P700,000Surviving: Widow, 2 legitimate children, 1 illegitimate child.