Short answer. The legitime is the portion of a testator's estate that the law reserves for certain heirs — called compulsory heirs — and that the testator therefore cannot give away, donate, or bequeath to anyone else. Article 886 of the Civil Code defines it plainly: it is what the testator cannot dispose of because the law has already allocated it.
What the law says
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.
Civil Code, Article 886 — Legitime Defined. Read the full provision →
The definition and its internal logic
Article 886 of the Civil Code reads: "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 structure is important. It is not that the testator is merely expected to provide for these heirs — the law removes that portion from his power of disposition entirely. He can write a will, but whatever the will says, the compulsory heirs' shares survive it.
Why the law creates this restriction
Philippine succession law reflects a policy that certain close family members — typically the surviving spouse, children and descendants, and in some circumstances parents and ascendants — should not be left without inheritance purely because of the testator's wishes or favoritism toward others. Testamentary freedom exists in the Philippines but it is not absolute. The testator controls the free portion of the estate and may dispose of it as he wishes. The legitime is the portion that the law, not the testator, has already allocated.
Who are compulsory heirs
Article 886 defines compulsory heirs by reference to the reservation: they are the persons for whom the law has reserved the legitime. The Civil Code identifies them elsewhere, and they include legitimate children and descendants, legitimate parents and ascendants in the absence of descendants, the surviving spouse, and illegitimate children. The amount of the legitime — what fraction of the estate each compulsory heir receives — depends on who is present in a particular succession and is set by specific provisions of the Civil Code.
What happens if the legitime is impaired
A will that effectively gives away property that should have gone to compulsory heirs does not become void in its entirety. Instead, the disposition that impairs the legitime can be reduced or set aside to the extent needed to restore the compulsory heirs' share. This process — called reduction of inofficious donations or testamentary dispositions — operates without invalidating the rest of the will. Compulsory heirs who find their legitime has been violated can take legal action to reclaim what the law reserved for them.
Cases citing this provision
These Supreme Court decisions cite the provision above. We list them so you can read them yourself; the summaries of what each decided are not ours to give.
- Henry H. Teng vs. Lawrence C. Ting, Edmund Ting and Anthony Ting, G.R. No. 184237, September 21, 2016 — read the decision on LawPhil →
- Hilarion, Jr. and Enrico Orendain, represented by Fe Orendain vs. Trusteeship of the Estate of Doña Margarita Rodriquez, G.R. No. 168660, June 30, 2009 — read the decision on LawPhil →
- Ruby Shelter Builders & Reality Devt. Corporation vs. Hon. Pablo C. Formaran III, et al, G.R. No. 175914, February 10, 2009 — read the decision on LawPhil →
- Valente Raymundo vs. Teofista Isagon Vda de Suarez, et al, G.R. No. 149017, November 28, 2008 — read the decision on LawPhil →