Table of Legitime in Philippine Law
The concept of legitime is an essential component of succession law in the Philippines, particularly under the provisions of the Civil Code of the Philippines. It establishes the minimum portion of a decedent's estate that must be reserved by law for compulsory heirs, regardless of the decedent's wishes as expressed in their will.
I. Definition of Legitime
- Legitime: That part of the testator’s property that is reserved by law for compulsory heirs and cannot be freely disposed of by will.
- Article 886, Civil Code: "Legitime is that part of the testator’s property which he cannot dispose of because the law has reserved it for certain heirs, called compulsory heirs."
II. Compulsory Heirs
The law identifies specific individuals as compulsory heirs. Their legitime is protected by law and must be allotted as follows:
1. Primary Compulsory Heirs
- Legitimate children and their descendants:
- Entitled to 1/2 of the estate, divided equally among them.
- If any legitimate child predeceases the testator, their descendants inherit by right of representation.
- Surviving spouse:
- Shares in the legitime alongside the legitimate children.
- The spouse’s share is equal to the share of one legitimate child.
2. Secondary Compulsory Heirs
- Legitimate parents and ascendants:
- Entitled to 1/2 of the estate, only if the decedent has no legitimate children or descendants.
- Surviving spouse:
- Shares in the legitime alongside the legitimate ascendants.
- Receives 1/2 of the estate when sharing with ascendants, or all of the estate if no ascendants exist.
3. Illegitimate Children
- Entitled to 1/2 of the share of a legitimate child.
- They participate in the free portion only after satisfying the legitime of all compulsory heirs.
III. Amount of Legitime
The amount of legitime varies depending on the surviving compulsory heirs. Below is a comprehensive table summarizing the legitime allocations based on different family scenarios.
| Compulsory Heirs | Legitime Reserved | Free Portion |
|---|---|---|
| 1. Legitimate Children Only | 1/2 of the estate (divided equally among them) | Remaining 1/2 |
| 2. Legitimate Children + Surviving Spouse | 1/2 of the estate (children and spouse share equally) | Remaining 1/2 |
| 3. Surviving Spouse Only | 1/2 of the estate | Remaining 1/2 |
| 4. Legitimate Parents (No Children) | 1/2 of the estate | Remaining 1/2 |
| 5. Illegitimate Children Only | 1/2 of the estate (divided equally) | Remaining 1/2 |
| 6. Illegitimate Children + Surviving Spouse | 1/2 of the estate (children: 1/2; spouse: equal to one child’s share) | Remaining 1/2 |
| 7. Legitimate Parents + Surviving Spouse | 1/2 of the estate (spouse: 1/2; parents: 1/2 of legitime) | Remaining 1/2 |
IV. Key Rules on Legitime
Immutability of Legitime:
- The legitime is immutable and cannot be impaired by acts of the testator (e.g., donations or dispositions that prejudice compulsory heirs).
Right of Representation:
- Applies in the case of predeceased legitimate children. Their descendants inherit their legitime per stirpes.
Illegitimate Children’s Rights:
- Entitled to a share in the legitime but only half that of legitimate children. They cannot inherit in competition with legitimate ascendants or descendants unless within the free portion.
Surviving Spouse’s Rights:
- Always entitled to a share in the legitime, whether in concurrence with children or ascendants.
- Exclusive Right to Conjugal Property: If the marriage regime is absolute community or conjugal partnership of gains, the surviving spouse retains their share in the community property prior to the estate distribution.
Rights of Adopted Children:
- Treated as legitimate children, entitled to the same legitime share.
V. Encumbrances and Claims Against Legitime
- Reduction of Excessive Donations:
- Donations inter vivos may be reduced if they impair the legitime of compulsory heirs (Article 909, Civil Code).
- Collation of Property:
- Properties given as advancements to compulsory heirs are collated to determine the legitime.
VI. Additional Considerations
- Testamentary Dispositions:
- The testator may freely dispose of the remaining estate, known as the free portion, provided it does not violate the legitime of compulsory heirs.
- Waiver of Legitime:
- Compulsory heirs cannot validly renounce their legitime before the decedent’s death (Article 1070, Civil Code).
This comprehensive overview reflects the intricacies of compulsory succession and legitime in Philippine civil law, ensuring that compulsory heirs are protected in the distribution of a decedent's estate.