Legitime and Free portionLegend1=legitimate Child2=Surviving Spouse3= Surviving Parent/s ( legitimate or illegitimate)4=Illegitimate Child

Surviving heir

Legitime

Intestate share

4 Illegitimate children

2 Surviving spouse1/3

1/3

(Remaining 1/3 is free portion; Art. 894, NCC)1/2

1/2

4 Illegitimate children

2 Surviving spouse

3 Legitimate parents1/4

1/8

1/2

(Art. 899, NCC; testator may freely dispose of the remaining 1/8 of the estate.)1/4

1/4

1/2

4 Illegitimate children

2 Legitimate parents1/4

1/21/2

1/2

3 Legitimate parents

2 Surviving spouse1/2

1/4 (taken from the free portion)

(Art. 893, NCC)1/2

1/2

Illegitimate parents

Surviving spouse1/4

1/41/2

1/2

4 Illegitimate children alone1/2 (divided by number of illegitimate children)

Remainder is free portion (Art. 901, NCC)All

3 Legitimate parents alone1/2; remaining half is free portion (Arts. 889 and 890, NCC)All

Illegitimate parents alone1/2All

2Surviving spouse alone1/2, 1/3, 1/2 (Art. 900, NCC)All

1Legitimate children (or their descendants) alone1/2 (divided by the number of children)

Remaining half is free portion (Art. 888, NCC)All

1 One legitimate child (or descendant)

2 Surviving spouse1/2

1/4

Remaining 1/4 is free portion (Art. 892, NCC)1/2

1/2

Two or more legitimate children (or their descendants)

Surviving spouse1/2 (divided by the number of children)

Equal to the share of one child

Remainder is free portion (Art. 892, NCC)

Consider spouse as 1 legitimate child and divide estate by total number

Legitimate child

Illegitimate child1/2

1/2 of each legitimate child (Art. 176, Family Code)

Remainder is free portion (Art. 892, NCC)Please readArticle 176 of the Family Code: computing the legitimes of legitimate and illegitimate children; an illegitimate child gets one-half)

Surviving spouse

Brothers and sisters (nephews and nieces, in case of deceased siblings)1/2 (remaining half is free portion; Art. 900, NCC)

Not entitled to anything since they are not compulsory heirs; testator may choose to give them something out of the free portion1/2

1/2 (divided by the number of brothers and sisters; nephews and nieces of deceased siblings divide among themselves the share that should have to their parents)

Art. 1001, NCC