Dear PAO,

My father executed a last will and testament. He disposed of all of his properties in favor of his girlfriend. I read online that as his daughter, I am entitled to “legitime.” I want to understand the concept of legitime.

Jess

Dear Jess,

According to Article 886 of the New Civil Code, legitime is the part of the testator’s property which he or she cannot dispose of because the law reserves it for compulsory heirs, to wit:

“ARTICLE 886. Legitime is 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.”

The law allows a person to execute a last will and testament and dispose of his or her properties in favor of persons whom the testator will name. However, the law imposes certain limitations on such rights. One of the most important limitations on a person’s power of control over the disposition of his/her estate is the legitime. It pertains to the portion of the testator’s property that the law reserves for compulsory heirs. Therefore, the freedom to dictate the disposition of one’s properties upon death should not impair the legitime.

The question now is as to whom the legitime is reserved by law. As stated in Article 886 and Article 842 of the said Code, legitime is reserved for compulsory heirs. Article 887 of the same Code enumerates who are considered compulsory heirs:

“ARTICLE 887. The following are compulsory heirs:

“1. Legitimate children and descendants, with respect to their legitimate parents and ascendants;

“2. In default of the foregoing, legitimate parents and ascendants, with respect to their legitimate children and descendants;

“3. The widow or widower;

“4. Acknowledged natural children, and natural children by legal fiction;

“5. Other illegitimate children referred to in article 287.

“Compulsory heirs mentioned in Nos. 3, 4 and 5 are not excluded by those in Nos. 1 and 2; neither do they exclude one another.

“In all cases of illegitimate children, their filiation must be duly proved.

“The father or mother of illegitimate children of the three classes mentioned shall inherit from them in the manner and to the extent established by this Code.”

In your case, you are a compulsory heir of your father. As a compulsory heir, the law reserves a part of your father’s estate to be your legitime. Therefore, even if your father disposed of all his properties in his last will and testament in favor of his girlfriend, you are still entitled to your legitime or the guaranteed portion in your father’s estate.

We hope that we were able to answer your queries. This advice is based solely on the facts you have narrated and our appreciation of the same. Our opinion may vary when other facts are changed or elaborated.

Thank you for your continued trust and support.

Editor’s note: Dear PAO is a daily column of the Public Attorney’s Office. Questions for Chief Acosta may be sent to [email protected]