The spouses Peter and Paula had three (3) children. Paula later obtained a judgment of nullity of marriage. Their absolute community of property having been dissolved, they delivered P1 million to each of their 3 children as their presumptive legitimes.
Peter later re-married and had two (2) children by his second wife Marie. Peter and Marie, having successfully engaged in business, acquired real properties. Peter later died intestate.
Who are Peter’s legal heirs and how will his estate be divided among them? (5%)
What is the effect of the receipt by Peter’s 3 children by his
first marriage of their presumptive legitimes on their right to
inherit following Peter’s death? (5%)
Suggested answer only. Not an official answer and not legal advice.
(a) Peter's legal heirs are his 5 children and wife Marie. Under Art. 36, all 6 heirs take 1/6 each; under other grounds, Marie and 2 legitimate children take 1/4 each, while 3 illegitimate children get 1/12 each. (b) 1/2
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Quick check
Under Article 54 of the Family Code, what is the legal status of children born before a marriage is declared void under Article 36?
Children conceived or born before a judgment of nullity under Article 36 are legally legitimate.
In intestate succession, how is the estate divided when legitimate children concur with a surviving spouse under Article 996 of the Civil Code?
Under Article 996 of the Civil Code, the surviving spouse inherits an equal share with each legitimate child.
Under Articles 895 and 983 of the Civil Code, what is the successional share of an illegitimate child when concurring with legitimate children?
An illegitimate child receives one-half of the share allocated to a legitimate child.
Under Article 1061 of the Civil Code, what must compulsory heirs do with presumptive legitimes received during the decedent's lifetime?
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When parents deliver presumptive legitimes from their dissolved community property, how much is collated to the deceased father's estate?
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Learn more about these topics
1. Status Of Children
Under Article 54 of the Family Code, children conceived or born before the judgment of absolute nullity or annulment of a marriage under Article 36 shall be legitimate. However, if a marriage is declared null and void on grounds other than Article 36 or Article 53, the children begotten prior to the judicial declaration of nullity are considered illegitimate children in the eyes of the law. Consequently, the legal status of children from a void marriage directly dictates their successional rights in intestate estate proceedings.
2. Intestate Share Division
Under Articles 996 and 999 of the Civil Code, when legitimate children concur with the surviving spouse in intestate succession, the surviving spouse has the same share as each of the legitimate children. If illegitimate children concur with legitimate children and a surviving spouse under Articles 895 and 983, each illegitimate child receives one-half of the share of a legitimate child, provided the total legitime of the spouse and legitimate children is satisfied first. Thus, estate division strictly depends on whether the children are legitimate or illegitimate.
3. Collation Presumptive Legitimes
Under Article 1061 of the Civil Code in relation to Article 51 of the Family Code, compulsory heirs receiving advances or presumptive legitimes during the lifetime of the decedent must bring such property into the mass of the estate by collation. When presumptive legitimes were delivered to children upon the dissolution of their parents' absolute community of property, only the half portion contributed from the deceased parent's share of community assets is collated as an advance on inheritance from that parent's estate.