2024 Civil Law, Q10

Caloy died with a net estate of PHP 240 million, survived by his: (1) father – Cesar; (2) spouse – Grace; (3) legitimate children – Teddy and Bobbie; (4) illegitimate child – Rebreb; and (5) sisters – Alex and Gabbie. In his will, Caloy instituted Rebreb as the sole heir. How much can Rebreb receive from Caloy’s estate? Explain.

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Under Article 854 of the Civil Code, what is the legal effect of preteriting a compulsory heir in the direct line?

In intestate succession under Article 999 of the Civil Code, what is the share of the surviving spouse when concurring with legitimate children?

What is the statutory ratio between an illegitimate child and a legitimate child in intestate succession under Article 983?

Why are the father and sisters of Caloy excluded from receiving any share in his estate?

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What is the exact share Rebreb receives from Caloy's PHP 240 million estate following total intestacy?

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1. Doctrine of Preterition
Under Article 854 of the Civil Code, preterition consists in the total omission of one, some, or all of the compulsory heirs in the direct line, whether living at the time of the execution of the will or born after the death of the testator. Preterition completely annuls the institution of heirs, resulting in total intestacy regarding the estate. However, devises and legacies remain valid insofar as they are not inofficious. When a testator institutes an illegitimate child as sole heir while totally omitting legitimate children, preterition occurs, opening the entire estate to legal or intestate succession.

2. Intestate Share Ratio
In intestate succession, the distribution of the estate follows statutory rules governing compulsory heirs. Under Article 999 in relation to Article 983 of the Civil Code, when legitimate children, a surviving spouse, and illegitimate children concur in intestacy, the surviving spouse receives a share equal to that of each legitimate child. Meanwhile, each illegitimate child is entitled to one-half of the share of a legitimate child. This statutory proportion establishes a ratio of 2:2:2:1 among two legitimate children, a surviving spouse, and one illegitimate child, dividing the net estate into seven equal units.

3. Excluded Intestate Collaterals
Under Philippine succession law, the presence of compulsory heirs in the direct line and surviving spouse excludes secondary compulsory heirs and collateral relatives from legal succession. Ascendants like the father are excluded by legitimate children under Article 985 of the Civil Code. Similarly, collateral relatives like brothers and sisters are excluded by surviving children and the spouse under Article 1003. Consequently, upon total intestacy caused by preterition, the father and sisters of the decedent receive no share from the estate, which passes exclusively to the concurring children and surviving spouse.

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The questions reproduced here are the official texts of the Philippine Bar Examinations, published by the Supreme Court. They are reproduced for study purposes.The suggested answers are the author’s own.

They are not official answers, have no connection with the Supreme Court, the Office of the Bar Confidant, or any bar review institution, and are not endorsed by any of them. Official answer keys, where released, should be preferred over anything here.Nothing on this page is legal advice, and reading it creates no lawyer-client relationship. Do not rely on any suggested answer in an actual legal matter. Consult counsel on your own facts.Suggested answers reflect the law and jurisprudence the author considers applicable as of the date shown.

Where a question comes from an earlier examination, the suggested answer applies the law as it now stands, which may differ from the law in force when the question was given, and may therefore differ from what would have been the correct answer at that time. Where the difference is material, the answer notes it.The practice scoring feature measures wording overlap with the suggested answer. It is not a grade, carries no official weight, and says nothing about whether your reasoning is sound.Errors are possible. If you find one, please tell me and I will correct it.Last reviewed: October 2026