The Concept of ‘The Legitime’ and the Reserved Part of the Estate

I. Introduction

This memorandum provides an exhaustive analysis of the concept of legitime (legitima) within the Philippine legal system, a fundamental principle of compulsory succession under the Civil Code of the Philippines. The legitime constitutes that portion of the estate of a decedent which he cannot freely dispose of because the law has reserved it for certain compulsory heirs. This discussion will encompass the nature of the legitime, the identification and classification of compulsory heirs, the computation of the legitime, and the effects of violations against it. The analysis is grounded primarily in Articles 886 to 901, and related provisions, of the Civil Code.

II. Definition and Legal Nature of the Legitime

The legitime is defined under Article 886 of the Civil Code as “that part of the testator’s property which he cannot dispose of because the law has reserved it for certain heirs who are, therefore, called compulsory heirs.” Its legal nature is characterized as follows: It is a right created by operation of law, not by the will of the decedent. It is a limitation on the testamentary freedom of a person, ensuring that certain heirs closest in affinity are provided for. The right to the legitime is imprescriptible; it cannot be extinguished by the passage of time during the lifetime of the decedent. It is also inalienable, meaning compulsory heirs cannot waive or sell their future legitime in advance, though they may renounce it upon the death of the decedent. The legitime is a real right (a right over a specific thing) that is transmitted to the compulsory heirs at the moment of the decedent’s death.

III. Classification of Compulsory Heirs

Compulsory heirs are those who succeed to the legitime by force of law, irrespective of the decedent’s wishes. They are classified into three categories: primary, secondary, and concurring.

Primary Compulsory Heirs: These are the direct descendants (descendants) and direct ascendants (ascendants). Under Article 887(1), legitimate children and their legitimate descendants are primary compulsory heirs. Illegitimate children are also primary compulsory heirs, but they are treated in a separate class. The surviving spouse is likewise a primary compulsory heir.

Secondary Compulsory Heirs: In the absence of legitimate descendants, the legitimate parents or ascendants of the decedent become the secondary compulsory heirs (Article 887(2)).

Concurring Compulsory Heirs: This category includes the surviving spouse, who always concurs with other compulsory heirs (whether legitimate children, illegitimate children, or ascendants), and illegitimate children, who concur with the surviving spouse and legitimate children (Article 983). The share of each is distinct and computed based on the concurring classes present.

IV. The Free Portion (Disposable Free Portion)

In contrast to the legitime, the free portion or disposable free portion is that part of the estate which the testator may dispose of freely by will to any person, whether an heir or a stranger. The size of the free portion is the residual amount after the total legitime of all compulsory heirs has been satisfied. The decedent’s discretion over the free portion is the sphere of his testamentary freedom. Dispositions that infringe upon the legitime are considered inofficious and may be reduced accordingly.

V. Computation of the Legitime

The computation of the legitime is a critical and often complex legal procedure. It begins with the determination of the hereditary estate, which includes all properties, rights, and obligations of the decedent at the time of death, minus the debts and charges. To this, donations inter vivos made by the decedent are added back (collation) to form the ideal net estate for the purpose of computing the legitime. The shares are then determined as follows:

When legitimate children or descendants survive alone: The total legitime is one-half of the hereditary estate. This is divided equally among them.

When legitimate parents or ascendants survive alone (no legitimate descendants): The total legitime is one-half of the hereditary estate.

When a surviving spouse concurs with legitimate children or descendants: The spouse’s legitime is equal to the legitime of each legitimate child. The total legitime for the group (children and spouse) is one-half of the estate.

When illegitimate children survive: The legitime of each illegitimate child is one-half of the legitime of a legitimate child, provided the illegitimate child does not suffer from any disqualification. If concurring with legitimate children, the illegitimate children share in the free portion as well, but their total share, including legitime, shall not exceed the free portion (Article 895, 896).

The specific fractions are detailed in Articles 888 to 894 of the Civil Code. Precise computation requires accounting for advancements (advancements) and donations made to heirs during the decedent’s lifetime.

VI. Effects of Dispositions Impairing the Legitime

Any testamentary disposition or donation inter vivos that impairs the legitime of a compulsory heir is not void ab initio, but is subject to reduction. The action to enforce the legitime is called an action for completion of legitime or an inofficious testament action. The reduction follows the principle that donations inter vivos are first imputed to the free portion. If insufficient, testamentary dispositions are then reduced, beginning with the least necessary, until the legitime is fully satisfied (Articles 907, 911). Compulsory heirs who have received donations during the decedent’s life may be required to collate or bring those donations into the hereditary mass for the purpose of computing the legitime (Article 1061).

VII. Comparative Table: Primary, Secondary, and Concurring Compulsory Heirs

VIII. Renunciation and Preterition

A compulsory heir may renounce his share in the inheritance, including the legitime, but only after the death of the decedent (Article 1043). Any purported waiver during the decedent’s lifetime is void. Preterition, governed by Article 854, occurs when a compulsory heir in the direct line (legitimate child or descendant) is omitted from the will, neither instituted as an heir nor expressly disinherited. The effect of preterition is the annulment of the institution of heirs in the will, insofar as it prejudices the omitted heir’s legitime. The devises and legacies may remain valid if they are not inofficious. The omitted heir shall inherit his full legitime.

IX. Disinheritance vs. Preterition

It is crucial to distinguish disinheritance from preterition. Disinheritance is an act of the testator, by will, depriving a compulsory heir of his legitime for causes expressly stated and proved under Articles 915 (for descendants) and 919 (for ascendants and the spouse) of the Civil Code. It is a positive act with specific legal formalities and grounds. Preterition, as noted, is a mere omission. A valid disinheritance effectively excludes the heir from the succession, subject to his right to challenge the validity of the disinheritance in court.

X. Conclusion

The legitime is a cornerstone of Philippine succession law, balancing testamentary freedom with the state’s interest in protecting the immediate family. Its computation and enforcement involve intricate legal rules designed to ensure compulsory heirs receive their lawful portion. A thorough understanding of the classification of compulsory heirs—primary, secondary, and concurring—along with the doctrines of preterition, disinheritance, and collation, is essential for any practitioner navigating the distribution of an estate. Any estate plan or will must be carefully crafted with respect to these mandatory provisions to avoid future litigation for the reduction of inofficious dispositions.