CIVIL LAW 2017 - SUCCESSION; LEGITIME

VIII.

Pedro had worked for 15 years in Saudi Arabia when he finally

decided to engage in farming in his home province where his 10-
hectare farmland valued at P2,000,000.00 was located. He had
already P3,000,000.00 savings from his long stint in Saudi Arabia.
Eagerly awaiting Pedro's arrival at the NAIA were his aging parents
Modesto and Jacinta, his common-law spouse Veneranda, their
three children, and Alex, his child by Carol, his departed legal wife.
Sadly for all of them, Pedro suffered a stroke because of his over excitement
just as the plane was about to land, and died without
seeing any of them.
The farmland and the savings were all the properties he left.

(a) State who are Pedro's legal heirs, and the shares of each legal
heir to the estate? Explain your answer. (4%)

A: The compulsory heirs of Pedro are Alex, his legitimate

child from his departed wife Carol and the three illegitimate
children from his common-law spouse (Veneranda).

Modesto and Jacinta (parents )are excluded because of the

exclusionary principle in succession as stated in
Art. 978 of the Civil code:

Those in the direct descending line shall exclude

those in the direct ascending and collateral lines.

Since Pedro left no will, intestate succession

takes place.

Alex, is entitled to one share while each illegitimate

child shall be entitled on one-half of the share of
the legitimate child.

Veneranda, being only a common-law spouse,

is not entitled to anything since she
is not a considered compulsory heir.

(b) Assuming that Pedro's will is discovered soon after his funeral.
In the will, he disposed of half of his estate in favor of Veneranda,
and the other half in favor of his children and his parents in equal
shares. Assuming also that the will is admitted to probate by the
proper court. Are the testamentary dispositions valid and effective
under the law on succession? Explain your answer. (4%)

A:

The testamentary dispositions are valid and effective only insofar as they
do not affect the legitime of the compulsory heirs - Alex
and the 3 illegitimate children. The parents are excluded
as compulsory heirs due to the presence of these children.
The legitime of the compulsory heirs should not be impaired. They
are entitled to one-half of the estate of the deceased.

Before he can disposed the other half of the estate to

Veneranda, the legitime of the compulsory heirs should
be satisfied first. The remaining portion is called the
free portion and this is where the shares of Veneranda
and the parents can be obtained.

Specific Rules on Legitimes -

1. Direct Descending Line

a. Rule of Preference between lines (Art
978 and 985, CC)
Those in the direct descending line
shall exclude those in the direct
ascending and collateral lines; and

Those in the direct ascending line

shall, in turn, exclude those in the
collateral line.

b. Rule of Proximity (Art 926, CC