By: Atty. Lielanie C. Yangyang-Espejo
Dear IBP, Gusto ko po sanang malaman kung meron din ba akong share sa ari-arian ng Papa ko na nag-asawa na uli matapos mamatay ang mother ko? Tatlo po kami sa First wife ng papa ko, at apat sila sa second wife ng papa ko. Sa ngayon po kasi, namatay na ang papa ka, ang mama ko, pati yung second wife ng papa ko. May lupa nabili ang mother ko noon, at may lupa din ang second wife.
Dear XXX,
Under Article 887 of the New Civil Code, you are a compulsory heir of your father as one of his legitimate children, whether he left a last will and testament, or he passed on without a will. In case he died without a will, Article 979 of the New Civil Code also states that legitimate children and their descendants succeed the parents and other ascendants, without distinction as to sex or age, and even if they should come from different marriages.
As a compulsory heir, you have a share in the estate of your father which is equivalent to the share of the other legitimate children. This is clear under Article 980 of the New Civil Code which provides that the children of the deceased shall always inherit from him in their own right, dividing the inheritance in equal shares. Therefore, the estate of your father shall be divided into seven (7) equal shares. Your inheritance is one-seventh (1/7) of the net estate of your father.
Now, the remaining question is, what constitutes the net estate of your father?
Regarding the land which was bought by your mother before, half of that comprises the estate of your mother while the other half is the share of your father in the conjugal partnership of gains or absolute community of properties. In the estate of your mother, your father inherited one-fourth (1/4) share because he survived together with three (3) legitimate children. When your father married his second wife, his inheritance from his first wife (your mother) and his share in the conjugal partnership of gains or absolute community of properties are excluded from his property regime with his second wife pursuant to Article 93, paragraph 3 and Article 117 of the Family Code. These properties obtained by your father are considered as his exclusive properties insofar as his second marriage is concerned.
When his second wife died, your father again had a share in the conjugal partnership of gains or absolute community of properties with his second wife plus he inherited one-fifth (1/5) from the estate of his second wife because he survived with four (4) legitimate children.
In summary, at the time of his death, the estate of your father is his share in the conjugal partnership of gains or absolute community of properties with his second wife, his inheritance from the estate of his second wife, plus his exclusive properties as discussed in the fourth pargarph of this letter. From this we deduct taxes, expenses, debts, and other obligations of the estate in order to arrive at the net estate. From the net estate, we base your share of 1/7.
I hope I have answered your queries.
Very truly yours,
ATTY. LIELANIE C. YANGYANG-ESPEJO
