996, Civil Code).
Art. 996
CIVIL CODE OF THE PHILIPPINES
510
Heirs of the Late Mario V. Chanliongco
Adm. Matter 190-RET
Oct. 18, 1977
FACTS:
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 million
Surviving:
Legitimate father
—
P500,000
Surviving spouse
—
P500,000
P1,000,000
Another example:
Estate = P1,000,000
Surviving:
Legitimate father
—
P250,000
Art. 997
CIVIL CODE OF THE PHILIPPINES
511
Legitimate mother
—
P250,000
Surviving spouse
—
P500,000
P1 million
(2) Problem in Partial Intestacy
Estate
=
P1,000,000
Legacy
=
P100,000
Survivors
:
1 legitimate father
1 surviving spouse
Divide the estate.
ANS
.:
(a)
legacy
—
P100,000
(b)
legitimate father
—
P500,000
(c)
surviving spouse
—
P400,000
P1,000,000
[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
—
1/2
Art. 998
CIVIL CODE OF THE PHILIPPINES
512
Art. 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 Descendants
Three classes are surviving in this Article:
(a)
Legitimate children or descendants (legitimate)
(b)
Illegitimate children or descendants (legitimate or
illegitimate)
(c)
Surviving spouse
(2) Example
Intestate Estate — P700,000
Surviving:
Widow, 2 legitimate children, 1 illegitimate child.
