The Concept of ‘Legitime’ of Compulsory Heirs

I. Introduction

This memorandum provides an exhaustive analysis of the concept of legitime within the Philippine legal system, a fundamental principle of the law on succession under the Civil Code of the Philippines. The legitime (or legitima) is that part of the testator’s property which he cannot dispose of because the law has reserved it for certain heirs, known as compulsory heirs or forced heirs. Its purpose is to protect the family by ensuring that certain closest relatives receive a mandatory portion of the estate, thereby limiting the freedom of the property owner to dispose of his estate by will. This memo will delineate the legal foundation, the specific heirs entitled, the computation of shares, the consequences of impairment, and relevant procedural aspects.

II. Legal Foundation and Governing Law

The concept of legitime is codified in Book III (Succession) of the Civil Code of the Philippines (Republic Act No. 386), specifically in Articles 886 to 901, and is further elucidated by related provisions on testate and intestate succession. The rules on legitime are considered mandatory and ordre public (public policy); they cannot be waived in advance nor rendered inoperative by the testator’s stipulations. The Supreme Court has consistently held that the right to legitime is a creation of law, not of testamentary disposition, and is intended to maintain a fair and equitable distribution of the testator’s wealth to his closest family members.

III. Classification of Heirs: Compulsory and Voluntary

Under Philippine law, heirs are classified into two categories concerning a testate succession: compulsory heirs and voluntary heirs.
Compulsory heirs are those who have a right to a reserved, indefeasible portion of the estate-the legitime. Their successional rights arise primarily by operation of law.
Voluntary heirs (or devisees/legatees) are those named in the will to receive the free portion (or free disposal) of the estate, which is the remainder after the legitime of the compulsory heirs has been satisfied. In the absence of a will (intestate succession), the entire estate is distributed among the legal heirs according to the rules of intestacy, which effectively encompasses those who would have been compulsory heirs.

IV. Persons Entitled to Legitime (Compulsory Heirs)

Article 887 of the Civil Code enumerates the compulsory heirs:

The list is exclusive and hierarchical. The presence of children or descendants excludes parents and ascendants from being compulsory heirs, though they may inherit as voluntary heirs from the free portion. The surviving spouse is always a compulsory heir, concurrently with any of the other classes.

V. Computation of the Legitime

The specific share constituting the legitime varies depending on which class of compulsory heirs is present. The estate considered for computation is the net estate: the total property of the decedent at the time of death, minus all valid debts, charges, and expenses of administration (Article 902).

– With one legitimate child: The spouse’s legitime is equal to the legitime of that one child.
– With two or more legitimate children: The spouse’s legitime is equal to the legitime of one child.
– With legitimate parents/ascendants (and no children): The spouse’s legitime is one-half (1/2) of the net estate, concurrent with the parents.
– Alone: The spouse is entitled to the entire estate in usufruct (Article 994).

VI. The Free Portion (Disposable Free Portion)

The free portion (or disposable free portion) is the part of the net estate that remains after the total legitime of all compulsory heirs has been satisfied. The testator has the liberty to dispose of this portion via will to any person, including the compulsory heirs (in addition to their legitime), friends, charities, or strangers. If the free portion is not fully disposed of by will, it will be distributed according to the rules of intestate succession among the legal heirs.

VII. Comparative Table: Legitime Shares Under Different Scenarios

The following table summarizes the distribution of the net estate among different combinations of compulsory heirs. “FP” denotes the Free Portion.

VIII. Impairment of Legitime and Reduction of Donations/Devises

A central mechanism protecting the legitime is the action for reduction (or accion de reduccion). If the testator’s dispositions, whether inter vivos (donations) or mortis causa (devises/bequests), impinge upon or impair the legitime of the compulsory heirs, those dispositions are subject to reduction to the extent necessary to complete the legitime. Articles 906 and 907 of the Civil Code provide the order of reduction: testamentary dispositions (devises and legacies) are reduced first, followed by inter vivos donations, with the most recent donation reduced first (in inverse order of date). Donations given to the compulsory heirs themselves are also reducible if they exceed the legitime. The compulsory heir whose legitime is impaired has the right to file an action for completion of legitime.

IX. Waiver and Preterition

The right to legitime is generally considered unwaivable in advance, as it pertains to a future inheritance. However, a compulsory heir may waive, assign, or renounce his/her share after the death of the decedent, provided it is done with the formalities prescribed by law (e.g., a public instrument). Preterition, as defined under Article 854, occurs when a compulsory heir in the direct line (legitimate children or descendants) is omitted from the will, neither instituted as an heir nor expressly disinherited. The effect of preterition is generally the annulment of the institution of heirs, devising the free portion only, and the reserved legitime passing to the omitted heir by operation of law.

X. Conclusion

The concept of legitime is a cornerstone of Philippine succession law, balancing the testator’s freedom of disposition with the state’s interest in protecting the immediate family. It creates a fixed, indefeasible entitlement for compulsory heirs, calculated based on strict legal formulas. Understanding the hierarchy of heirs, the precise computation of shares, and the remedies for impairment (such as the action for reduction) is crucial for effective estate planning, administration, and litigation. Any testamentary provision or substantial inter vivos donation that does not account for these mandatory shares risks being reduced by court action, ensuring the legitime remains a protected right.