A.I. Powered: Philippine Bar Reviewer

Question

B. Testamentary Succession: Compulsory Heirs, Legitime

Suppose Juanito, a resident of the Philippines, passed away and left a last will and testament. In his will, he bequeathed his whole estate to his close friend, Sergio, excluding his compulsory heirs. The compulsory heirs of Juanito are his legitimate children, Mara and Pedro. Both Mara and Pedro are of legal age and are capable of inheriting. However, it is noteworthy to mention that Juanito had acknowledged an illegitimate child, Juanita, during his lifetime.

In light of the given scenario, answer the following questions:

1. Who are the compulsory heirs of Juanito under Philippine law? Indicate whether they are legitime or illegitime heirs.
2. Are the compulsory heirs entitled to their legitime? If yes, what is the extent of their legitime?
3. Can the legitimate children of Juanito demand a partition of the estate, even if the whole estate was bequeathed to Sergio in the last will and testament?
4. What are the remedies available to the compulsory heirs if they believe that their legitime was not properly allocated to them?

---

Answer