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Arresto Menor
Hi Atty. Can you please advise what are our chances to get our share from our father's property with conditions below

1. We are illegitimate siblings from 3 different mothers total of 9 siblings coming from 1st(dead), 3rd(alive) and 4th (dead) wife.
2. My father was married to his 2nd(dead 2 yrs ago) wife with 6 siblings.
3. 2nd wife lived on the property when my father died 24 years ago.
4. All my half-siblings from the 2nd are all in the U.S. now and we don't know how to reach them

We were advised by our uncle that we can have now the share of property since the 2nd wife is now dead and we are all in legal age now.

Please advise how should we go with this. Thank you

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Reclusion Perpetua
6 legitimate siblings from second wife should have 1/2 of the entire estate, the 1/2 part should be divided equally among them.

9 illegitimate siblings from 1st, 3rd, 4th should have 1/4 of the entire estate, the 1/4 should be divided equally among them.

since there is 1/4 remaining, that should be divided pro rata (2:1) among the 6 legitimate and 9 illegitimate children.

each of co-heirs can demand partition, you can resort to extrajudicial partition in which case it should be effected by all participating heirs. there is judicial partition but you will need a lawyer for this.

Last edited by shad_marasigan on Fri Mar 01, 2013 2:14 pm; edited 1 time in total (Reason for editing : additional info)

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Arresto Menor
Hi Atty Shad. thank you for your advise. However, I have learned recently the following

1. My father and his 2nd wife were separated without filing an annulment. After that the 2nd wife and her father paid the remaining balances of the property a Capital property.

Please advise if we could still file for partition. Thank you

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Reclusion Perpetua
this should not affect the share or interest of each heir please note that partition extrajudicial, it should be effected by all participating heirs. you can resort to judicial partition by filing with the appropriate court, but as i have mentioned, you will need a lawyer for this.

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Prision Mayor
Atty Shad_Marasigan: Ask ko lng po, ung bang method of partition of their legitime/share (6 legitimates & 9 illegitimates)in accordance with the Family Code EO-209 Art. 176 which states "the legitime of an illegitimate is fixed to l/2 of the legitime of a legitimate child? Kasi po nagmodel ako ng computation, it seems hindi agreeable to what you mentioned above. My opinion is that the surviving spouse (2nd wife) should have liquidated the 50% of the property to the 6 legitimates and 9 illegitimates, and she should also have the same share of a legitimate child. The remaining 50% as her portion of the property at time of 2nd wife's death should have been equally divided among the 6 legitimates. I think the 9 illegitimates have only right on the portion of their father. I am basing this opinion assuming the estate is a conjugal property. I am not a lawyer but only an ordinary person. Can you please clarify the partition you mentioned as the problem seems to be also applicable to us: 8 sisters/brothers and 2 halfbrothers to our father? Thank you very much po. I appreciate it please.

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Reclusion Perpetua
the computation is based on the table of intestate succession.

the table of succession says that first Satisfy their legitimes, and then distribute the disposable portion, if any pro-rata (2:1)

So the legitime of a legitimate child is 1/2 of the entire estate, the legitime of an illegitimate child is 1/2 of 1/2 (1/4) of the entire estate.

the 1/4 remaining should be distributed pro-rata so that there is 2:1 ratio of distribution between legitimate and illegitimate children.

Illustration - 120, 000 is the net value of the estate

1/2 of 120,000=60,000

A = 10,000 + 2857.14
B = 10,000 + 2857.14
C = 10,000 + 2857.14
D = 10,000 + 2857.14
E = 10,000 + 2857.14
F = 10,000 + 2857.14
60,000 + 17,142.85 = 77,142.85

1/2 of 1/2 of each illegitimate

1/2 of 60,000 = 30,000 which is 1/4 of 120,000
30000/9 = 3333.33 ea

AA = 3333.33 + 1428.57
BB = 3333.33 + 1428.57
CC = 3333.33 + 1428.57
DD = 3333.33 + 1428.57
EE = 3333.33 + 1428.57
FF = 3333.33 + 1428.57
GG = 3333.33 + 1428.57
HH = 3333.33 + 1428.57
II = 3333.33 + 1428.57
30,000 + 12857.15 = 42857.15

so there is remaining 1/4 or 30,000, how are we going to divide it. it should be pro rata so much it would appear to have 2:1 ratio of partition between legitimate and illegitimate

so in short there would be


so there would be 2/21 for each legitimate and 1/21 for each illegitimate for the remaining portion.

so 2/21 of 30,000 is 2857.14 while 1/21 of 30,000 is around 1428.57.

Let me know if you still have clarification. Apply this to your problem.

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Prision Mayor
Thank you Atty Marasigan... I will try to compute our inheritance using your "algebra". I just wonder what civil code or family code you based your "algebra" so I can have my defense when I am going to distribute the legitime of each of my 8 siblings and 2 half-siblings. I am 75 yrs old and wanted everything in order. I don't want some "rumors" against my soul even I am already with the Lord. God bless... will post again whatever the outcome be. I do appreciate your reply.

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