SUCCESSION CHAPTER 2 Article 790. The words of a will are to be SUBSECTION 2.

Testamentary Capacity
Testamentary Succession taken in their ordinary and grammatical and Intent
CHAPTER 1 sense, unless a clear intention to use them Article 796. All persons who are not
General Provisions SECTION 1 - Wills in another sense can be gathered, and that expressly prohibited by law may make a
SUBSECTION 1. Wills in General other can be ascertained. will. (662)
Article 774. Succession is a mode of Article 783. A will is an act whereby a
acquisition by virtue of which the property, person is permitted, with the formalities Technical words in a will are to be taken in Article 797. Persons of either sex under
rights and obligations to the extent of the prescribed by law, to control to a certain their technical sense, unless the context eighteen years of age cannot make a will.
value of the inheritance, of a person are degree the disposition of this estate, to clearly indicates a contrary intention, or
transmitted through his death to another or take effect after his death. (667a) unless it satisfactorily appears that the will Article 798. In order to make a will it is
others either by his will or by operation of was drawn solely by the testator, and that essential that the testator be of sound mind
law. (n) Article 784. The making of a will is a he was unacquainted with such technical at the time of its execution. (n)
strictly personal act; it cannot be left in sense. (675a)
Article 775. In this Title, "decedent" is the whole or in part to the discretion of a third Article 799. To be of sound mind, it is not
general term applied to the person whose person, or accomplished through the Article 791. The words of a will are to necessary that the testator be in full
property is transmitted through succession, instrumentality of an agent or attorney. receive an interpretation which will give to possession of all his reasoning faculties, or
whether or not he left a will. If he left a will, (670a) every expression some effect, rather than that his mind be wholly unbroken,
he is also called the testator. (n) one which will render any of the unimpaired, or unshattered by disease,
Article 785. The duration or efficacy of the expressions inoperative; and of two modes injury or other cause.
Article 776. The inheritance includes all designation of heirs, devisees or legatees, of interpreting a will, that is to be preferred It shall be sufficient if the testator was able
the property, rights and obligations of a or the determination of the portions which which will prevent intestacy. (n) at the time of making the will to know the
person which are not extinguished by his they are to take, when referred to by name, nature of the estate to be disposed of, the
death. (659) cannot be left to the discretion of a third Article 792. The invalidity of one of several proper objects of his bounty, and the
person. (670a) dispositions contained in a will does not character of the testamentary act. (n)
Article 777. The rights to the succession result in the invalidity of the other
are transmitted from the moment of the Article 786. The testator may entrust to a dispositions, unless it is to be presumed Article 800. The law presumes that every
death of the decedent. (657a) third person the distribution of specific that the testator would not have made such person is of sound mind, in the absence of
property or sums of money that he may other dispositions if the first invalid proof to the contrary.
Article 778. Succession may be: leave in general to specified classes or disposition had not been made. (n) The burden of proof that the testator was
(1) Testamentary; causes, and also the designation of the not of sound mind at the time of making his
(2) Legal or intestate; or persons, institutions or establishments to Article 793. Property acquired after the dispositions is on the person who opposes
(3) Mixed. (n) which such property or sums are to be making of a will shall only pass thereby, as the probate of the will; but if the testator,
given or applied. (671a) if the testator had possessed it at the time one month, or less, before making his will
Article 779. Testamentary succession is of making the will, should it expressly was publicly known to be insane, the
that which results from the designation of Article 787. The testator may not make a appear by the will that such was his person who maintains the validity of the
an heir, made in a will executed in the form testamentary disposition in such manner intention. (n) will must prove that the testator made it
prescribed by law. (n) that another person has to determine during a lucid interval. (n)
whether or not it is to be operative. (n) Article 794. Every devise or legacy shall
Article 780. Mixed succession is that cover all the interest which the testator Article 801. Supervening incapacity does
effected partly by will and partly by Article 788. If a testamentary disposition could device or bequeath in the property not invalidate an effective will, nor is the
operation of law. (n) admits of different interpretations, in case disposed of, unless it clearly appears from will of an incapable validated by the
of doubt, that interpretation by which the the will that he intended to convey a less supervening of capacity. (n)
Article 781. The inheritance of a person disposition is to be operative shall be interest. (n)
includes not only the property and the preferred. (n) Article 802. A married woman may make a
transmissible rights and obligations Article 795. The validity of a will as to its will without the consent of her husband,
existing at the time of his death, but also Article 789. When there is an imperfect form depends upon the observance of the and without the authority of the court. (n)
those which have accrued thereto since description, or when no person or property law in force at the time it is made. (n)
the opening of the succession. (n) exactly answers the description, mistakes Article 803. A married woman may
and omissions must be corrected, if the dispose by will of all her separate property
Article 782. An heir is a person called to error appears from the context of the will or as well as her share of the conjugal
the succession either by the provision of a from extrinsic evidence, excluding the oral partnership or absolute community
will or by operation of law. declarations of the testator as to his property. (n)
Devisees and legatees are persons to intention; and when an uncertainty arises
whom gifts of real and personal property upon the face of the will, as to the
are respectively given by virtue of a will. (n) application of any of its provisions, the
testator's intention is to be ascertained
from the words of the will, taking into
consideration the circumstances under
which it was made, excluding such oral
declarations. (n)
SUBSECTION 3. Forms of Wills Article 809. In the absence of bad faith, Article 816. The will of an alien who is SUBSECTION 4. Witnesses to Wills
Article 804. Every will must be in writing forgery, or fraud, or undue and improper abroad produces effect in the Philippines if Article 820. Any person of sound mind and
and executed in a language or dialect pressure and influence, defects and made with the formalities prescribed by the of the age of eighteen years or more, and
known to the testator. (n) imperfections in the form of attestation or law of the place in which he resides, or not blind, deaf or dumb, and able to read
in the language used therein shall not according to the formalities observed in his and write, may be a witness to the
Article 805. Every will, other than a render the will invalid if it is proved that the country, or in conformity with those which execution of a will mentioned in article 805
holographic will, must be subscribed at the will was in fact executed and attested in this Code prescribes. (n) of this Code. (n)
end thereof by the testator himself or by substantial compliance with all the
the testator's name written by some other requirements of article 805. (n) Article 817. A will made in the Philippines Article 821. The following are disqualified
person in his presence, and by his express by a citizen or subject of another country, from being witnesses to a will:
direction, and attested and subscribed by Article 810. A person may execute a which is executed in accordance with the (1) Any person not domiciled in the
three or more credible witnesses in the holographic will which must be entirely law of the country of which he is a citizen Philippines;
presence of the testator and of one written, dated, and signed by the hand of or subject, and which might be proved and (2) Those who have been convicted of
another. the testator himself. It is subject to no other allowed by the law of his own country, shall falsification of a document, perjury or false
The testator or the person requested by form, and may be made in or out of the have the same effect as if executed testimony. (n)
him to write his name and the instrumental Philippines, and need not be witnessed. according to the laws of the Philippines. (n)
witnesses of the will, shall also sign, as Article 822. If the witnesses attesting the
aforesaid, each and every page thereof, Article 811. In the probate of a holographic Article 818. Two or more persons cannot execution of a will are competent at the
except the last, on the left margin, and all will, it shall be necessary that at least one make a will jointly, or in the same time of attesting, their becoming
the pages shall be numbered correlatively witness who knows the handwriting and instrument, either for their reciprocal subsequently incompetent shall not
in letters placed on the upper part of each signature of the testator explicitly declare benefit or for the benefit of a third person. prevent the allowance of the will. (n)
page. that the will and the signature are in the
The attestation shall state the number of handwriting of the testator. If the will is Article 819. Wills, prohibited by the Article 823. If a person attests the
pages used upon which the will is written, contested, at least three of such witnesses preceding article, executed by Filipinos in a execution of a will, to whom or to whose
and the fact that the testator signed the will shall be required. foreign country shall not be valid in the spouse, or parent, or child, a devise or
and every page thereof, or caused some In the absence of any competent witness Philippines, even though authorized by the legacy is given by such will, such devise or
other person to write his name, under his referred to in the preceding paragraph, and laws of the country where they may have legacy shall, so far only as concerns such
express direction, in the presence of the if the court deem it necessary, expert been executed. (733a) person, or spouse, or parent, or child of
instrumental witnesses, and that the latter testimony may be resorted to. (619a) such person, or any one claiming under
witnessed and signed the will and all the such person or spouse, or parent, or child,
pages thereof in the presence of the Article 812. In holographic wills, the be void, unless there are three other
testator and of one another. dispositions of the testator written below competent witnesses to such will.
If the attestation clause is in a language his signature must be dated and signed by However, such person so attesting shall be
not known to the witnesses, it shall be him in order to make them valid as admitted as a witness as if such devise or
interpreted to them. (n) testamentary dispositions. (n) legacy had not been made or given. (n)

Article 806. Every will must be Article 813. When a number of Article 824. A mere charge on the estate
acknowledged before a notary public by dispositions appearing in a holographic will of the testator for the payment of debts due
the testator and the witnesses. The notary are signed without being dated, and the at the time of the testator's death does not
public shall not be required to retain a copy last disposition has a signature and a date, prevent his creditors from being competent
of the will, or file another with the office of such date validates the dispositions witnesses to his will. (n)
the Clerk of Court.(n) preceding it, whatever be the time of prior
dispositions. (n)
Article 807. If the testator be deaf, or a
deaf-mute, he must personally read the Article 814. In case of any insertion,
will, if able to do so; otherwise, he shall cancellation, erasure or alteration in a
designate two persons to read it and holographic will, the testator must
communicate to him, in some practicable authenticate the same by his full signature.
manner, the contents thereof. (n)
Article 815. When a Filipino is in a foreign
Article 808. If the testator is blind, the will country, he is authorized to make a will in
shall be read to him twice; once, by one of any of the forms established by the law of
the subscribing witnesses, and again, by the country in which he may be. Such will
the notary public before whom the will is may be probated in the Philippines. (n)
acknowledged. (n)
SUBSECTION 5. Codicils and SUBSECTION 6. Revocation of Wills SUBSECTION 7. Republication and SUBSECTION 8. Allowance and
Incorporation by Reference and Testamentary Dispositions Revival of Wills Disallowance of Wills

Article 825. A codicil is supplement or Article 828. A will may be revoked by the Article 835. The testator cannot republish, Article 838. No will shall pass either real
addition to a will, made after the execution testator at any time before his death. Any without reproducing in a subsequent will, or personal property unless it is proved
of a will and annexed to be taken as a part waiver or restriction of this right is void. the dispositions contained in a previous and allowed in accordance with the Rules
thereof, by which disposition made in the one which is void as to its form. (n) of Court.
original will is explained, added to, or Article 829. A revocation done outside the The testator himself may, during his
altered. (n) Philippines, by a person who does not Article 836. The execution of a codicil lifetime, petition the court having
have his domicile in this country, is valid referring to a previous will has the effect of jurisdiction for the allowance of his will. In
Article 826. In order that a codicil may be when it is done according to the law of the republishing the will as modified by the such case, the pertinent provisions of the
effective, it shall be executed as in the place where the will was made, or codicil. (n) Rules of Court for the allowance of wills
case of a will. (n) according to the law of the place in which after the testator's a death shall govern.
the testator had his domicile at the time; Article 837. If after making a will, the The Supreme Court shall formulate such
Article 827. If a will, executed as required and if the revocation takes place in this testator makes a second will expressly additional Rules of Court as may be
by this Code, incorporates into itself by country, when it is in accordance with the revoking the first, the revocation of the necessary for the allowance of wills on
reference any document or paper, such provisions of this Code. (n) second will does not revive the first will, petition of the testator.
document or paper shall not be considered which can be revived only by another will Subject to the right of appeal, the
a part of the will unless the following Article 830. No will shall be revoked or codicil. (739a) allowance of the will, either during the
requisites are present: except in the following cases: lifetime of the testator or after his death,
(1) The document or paper referred to in (1) By implication of law; or shall be conclusive as to its due execution.
the will must be in existence at the time of (2) By some will, codicil, or other writing
the execution of the will; executed as provided in case of wills; or Article 839. The will shall be disallowed in
(2) The will must clearly describe and (3) By burning, tearing, cancelling, or any of the following cases:
identify the same, stating among other obliterating the will with the intention of (1) If the formalities required by law have
things the number of pages thereof; revoking it, by the testator himself, or by not been complied with;
(3) It must be identified by clear and some other person in his presence, and by (2) If the testator was insane, or otherwise
satisfactory proof as the document or his express direction. If burned, torn, mentally incapable of making a will, at the
paper referred to therein; and cancelled, or obliterated by some other time of its execution;
(4) It must be signed by the testator and person, without the express direction of the (3) If it was executed through force or
the witnesses on each and every page, testator, the will may still be established, under duress, or the influence of fear, or
except in case of voluminous books of and the estate distributed in accordance threats;
account or inventories. (n) therewith, if its contents, and due (4) If it was procured by undue and
execution, and the fact of its unauthorized improper pressure and influence, on the
destruction, cancellation, or obliteration are part of the beneficiary or of some other
established according to the Rules of person;
Court. (n) (5) If the signature of the testator was
procured by fraud;
Article 831. Subsequent wills which do not (6) If the testator acted by mistake or did
revoke the previous ones in an express not intend that the instrument he signed
manner, annul only such dispositions in the should be his will at the time of affixing his
prior wills as are inconsistent with or signature thereto. (n)
contrary to those contained in the later
wills. (n)

Article 832. A revocation made in a

subsequent will shall take effect, even if
the new will should become inoperative by
reason of the incapacity of the heirs,
devisees or legatees designated therein, or
by their renunciation. (740a)

Article 833. A revocation of a will based on

a false cause or an illegal cause is null and
void. (n)

Article 834. The recognition of an

illegitimate child does not lose its legal
effect, even though the will wherein it was
made should be revoked. (741)
 SECTION 2 Article 846. Heirs instituted without Article 854. The preterition or omission of
Institution of Heir designation of shares shall inherit in equal one, some, or all of the compulsory heirs in
parts. (765) the direct line, whether living at the time of
Article 840. Institution of heir is an act by the execution of the will or born after the
virtue of which a testator designates in his Article 847. When the testator institutes death of the testator, shall annul the
will the person or persons who are to some heirs individually and others institution of heir; but the devises and
succeed him in his property and collectively as when he says, "I designate legacies shall be valid insofar as they are
transmissible rights and obligations. (n) as my heirs A and B, and the children of not inofficious.
C," those collectively designated shall be If the omitted compulsory heirs should die
Article 841. A will shall be valid even considered as individually instituted, unless before the testator, the institution shall be
though it should not contain an institution it clearly appears that the intention of the effectual, without prejudice to the right of
of an heir, or such institution should not testator was otherwise. (769a) representation. (814a)
comprise the entire estate, and even
though the person so instituted should not Article 848. If the testator should institute Article 855. The share of a child or
accept the inheritance or should be his brothers and sisters, and he has some descendant omitted in a will must first be
incapacitated to succeed. of full blood and others of half blood, the taken from the part of the estate not
In such cases the testamentary inheritance shall be distributed equally disposed of by the will, if any; if that is not
dispositions made in accordance with law unless a different intention appears. (770a) sufficient, so much as may be necessary
shall be complied with and the remainder must be taken proportionally from the
of the estate shall pass to the legal heirs. Article 849. When the testator calls to the shares of the other compulsory heirs.
succession a person and his children they (1080a)
Article 842. One who has no compulsory are all deemed to have been instituted
heirs may dispose by will of all his estate simultaneously and not successively. (771) Article 856. A voluntary heir who dies
or any part of it in favor of any person before the testator transmits nothing to his
having capacity to succeed. Article 850. The statement of a false heirs.
One who has compulsory heirs may cause for the institution of an heir shall be A compulsory heir who dies before the
dispose of his estate provided he does not considered as not written, unless it testator, a person incapacitated to
contravene the provisions of this Code with appears from the will that the testator succeed, and one who renounces the
regard to the legitime of said heirs. (763a) would not have made such institution if he inheritance, shall transmit no right to his
had known the falsity of such cause. own heirs except in cases expressly
Article 843. The testator shall designate provided for in this Code. (766a)
the heir by his name and surname, and Article 851. If the testator has instituted
when there are two persons having the only one heir, and the institution is limited
same names, he shall indicate some to an aliquot part of the inheritance, legal
circumstance by which the instituted heir succession takes place with respect to the
may be known. remainder of the estate.
Even though the testator may have omitted The same rule applies if the testator has
the name of the heir, should he designate instituted several heirs, each being limited
him in such manner that there can be no to an aliquot part, and all the parts do not
doubt as to who has been instituted, the cover the whole inheritance. (n)
institution shall be valid. (772)
Article 852. If it was the intention of the
Article 844. An error in the name, testator that the instituted heirs should
surname, or circumstances of the heir shall become sole heirs to the whole estate, or
not vitiate the institution when it is possible, the whole free portion, as the case may be,
in any other manner, to know with certainty and each of them has been instituted to an
the person instituted. aliquot part of the inheritance and their
If among persons having the same names aliquot parts together do not cover the
and surnames, there is a similarity of whole inheritance, or the whole free
circumstances in such a way that, even portion, each part shall be increased
with the use of other proof, the person proportionally. (n)
instituted cannot be identified, none of
them shall be an heir. (773a) Article 853. If each of the instituted heirs
has been given an aliquot part of the
Article 845. Every disposition in favor of inheritance, and the parts together exceed
an unknown person shall be void, unless the whole inheritance, or the whole free
by some event or circumstance his identity portion, as the case may be, each part
becomes certain. However, a disposition in shall be reduced proportionally. (n)
favor of a definite class or group of
persons shall be valid. (750a)
 SECTION 3 Article 864. A fideicommissary substitution
Substitution of Heirs can never burden the legitime. (782a)
Article 857. Substitution is the
appointment of another heir so that he may Article 865. Every fideicommissary
enter into the inheritance in default of the substitution must be expressly made in
heir originally instituted. (n) order that it may be valid.
The fiduciary shall be obliged to deliver the
Article 858. Substitution of heirs may be: inheritance to the second heir, without
(1) Simple or common; other deductions than those which arise
(2) Brief or compendious; from legitimate expenses, credits and
(3) Reciprocal; or improvements, save in the case where the
(4) Fideicommissary. (n) testator has provided otherwise. (783)

Article 859. The testator may designate Article 866. The second heir shall acquire
one or more persons to substitute the heir a right to the succession from the time of
or heirs instituted in case such heir or heirs the testator's death, even though he
should die before him, or should not wish, should die before the fiduciary. The right of
or should be incapacitated to accept the the second heir shall pass to his heirs.
inheritance.
A simple substitution, without a statement Article 867. The following shall not take
of the cases to which it refers, shall effect:
comprise the three mentioned in the (1) Fideicommissary substitutions which
preceding paragraph, unless the testator are not made in an express manner, either
has otherwise provided. (774) by giving them this name, or imposing
upon the fiduciary the absolute obligation
Article 860. Two or more persons may be to deliver the property to a second heir;
substituted for one; and one person for two (2) Provisions which contain a perpetual
or more heirs. (778) prohibition to alienate, and even a
temporary one, beyond the limit fixed in
Article 861. If heirs instituted in unequal article 863;
shares should be reciprocally substituted, (3) Those which impose upon the heir the
the substitute shall acquire the share of the charge of paying to various persons
heir who dies, renounces, or is successively, beyond the limit prescribed in
incapacitated, unless it clearly appears that article 863, a certain income or pension;
the intention of the testator was otherwise. (4) Those which leave to a person the
If there are more than one substitute, they whole or part of the hereditary property in
shall have the same share in the order that he may apply or invest the same
substitution as in the institution. (779a) according to secret instructions
communicated to him by the testator.
Article 862. The substitute shall be subject
to the same charges and conditions Article 868. The nullity of the
imposed upon the instituted heir, unless fideicommissary substitution does not
and testator has expressly provided the prejudice the validity of the institution of the
contrary, or the charges or conditions are heirs first designated; the fideicommissary
personally applicable only to the heir clause shall simply be considered as not
instituted. (780) written. (786)

Article 863. A fideicommissary substitution Article 869. A provision whereby the

by virtue of which the fiduciary or first heir testator leaves to a person the whole or
instituted is entrusted with the obligation to part of the inheritance, and to another the
preserve and to transmit to a second heir usufruct, shall be valid. If he gives the
the whole or part of the inheritance, shall usufruct to various persons, not
be valid and shall take effect, provided simultaneously, but successively, the
such substitution does not go beyond one provisions of article 863 shall apply. (787a)
degree from the heir originally instituted,
and provided further, that the fiduciary or Article 870. The dispositions of the
first heir and the second heir are living at testator declaring all or part of the estate
the time of the death of the testator. (781a) inalienable for more than twenty years are
void. (n)
 SECTION 4 Article 878. A disposition with a Article 884. Conditions imposed by the Article 889. The legitime of legitimate
Conditional Testamentary Dispositions suspensive term does not prevent the testator upon the heirs shall be governed parents or ascendants consists of one-half
and Testamentary Dispositions With a instituted heir from acquiring his rights and by the rules established for conditional of the hereditary estates of their children
Term transmitting them to his heirs even before obligations in all matters not provided for and descendants.
Article 871. The institution of an heir may the arrival of the term. (799a) by this Section. (791a) The children or descendants may freely
be made conditionally, or for a certain dispose of the other half, subject to the
purpose or cause. (790a) Article 879. If the potestative condition Article 885. The designation of the day or rights of illegitimate children and of the
imposed upon the heir is negative, or time when the effects of the institution of surviving spouse as hereinafter provided.
Article 872. The testator cannot impose consists in not doing or not giving an heir shall commence or cease shall be (809a)
any charge, condition, or substitution something, he shall comply by giving a valid.
whatsoever upon the legitimes prescribed security that he will not do or give that In both cases, the legal heir shall be Article 890. The legitime reserved for the
in this Code. Should he do so, the same which has been prohibited by the testator, considered as called to the succession legitimate parents shall be divided between
shall be considered as not imposed. (813a) and that in case of contravention he will until the arrival of the period or its them equally; if one of the parents should
return whatever he may have received, expiration. But in the first case he shall not have died, the whole shall pass to the
Article 873. Impossible conditions and together with its fruits and interests. (800a) enter into possession of the property until survivor.
those contrary to law or good customs after having given sufficient security, with If the testator leaves neither father nor
shall be considered as not imposed and Article 880. If the heir be instituted under a the intervention of the instituted heir. (805) mother, but is survived by ascendants of
shall in no manner prejudice the heir, even suspensive condition or term, the estate equal degree of the paternal and maternal
if the testator should otherwise provide. shall be placed under administration until SECTION 5 lines, the legitime shall be divided equally
the condition is fulfilled, or until it becomes Legitime between both lines. If the ascendants
Article 874. An absolute condition not to certain that it cannot be fulfilled, or until the Article 886. Legitime is that part of the should be of different degrees, it shall
contract a first or subsequent marriage arrival of the term. testator's property which he cannot pertain entirely to the ones nearest in
shall be considered as not written unless The same shall be done if the heir does dispose of because the law has reserved it degree of either line. (810)
such condition has been imposed on the not give the security required in the for certain heirs who are, therefore, called
widow or widower by the deceased preceding article. (801a) compulsory heirs. (806) Article 891. The ascendant who inherits
spouse, or by the latter's ascendants or from his descendant any property which
descendants. Article 881. The appointment of the Article 887. The following are compulsory the latter may have acquired by gratuitous
Nevertheless, the right of usufruct, or an administrator of the estate mentioned in heirs: title from another ascendant, or a brother
allowance or some personal prestation the preceding article, as well as the (1) Legitimate children and descendants, or sister, is obliged to reserve such
may be devised or bequeathed to any manner of the administration and the rights with respect to their legitimate parents and property as he may have acquired by
person for the time during which he or she and obligations of the administrator shall ascendants; operation of law for the benefit of relatives
should remain unmarried or in widowhood. be governed by the Rules of Court. (804a) (2) In default of the foregoing, legitimate who are within the third degree and who
parents and ascendants, with respect to belong to the line from which said property
Article 875. Any disposition made upon Article 882. The statement of the object of their legitimate children and descendants; came. (871)
the condition that the heir shall make some the institution, or the application of the (3) The widow or widower;
provision in his will in favor of the testator property left by the testator, or the charge (4) Acknowledged natural children, and Article 892. If only one legitimate child or
or of any other person shall be void. (794a) imposed by him, shall not be considered natural children by legal fiction; descendant of the deceased survives, the
as a condition unless it appears that such (5) Other illegitimate children referred to in widow or widower shall be entitled to one-
Article 876. Any purely potestative was his intention. article 287. fourth of the hereditary estate. In case of a
condition imposed upon an heir must be That which has been left in this manner Compulsory heirs mentioned in Nos. 3, 4, legal separation, the surviving spouse may
fulfilled by him as soon as he learns of the may be claimed at once provided that the and 5 are not excluded by those in Nos. 1 inherit if it was the deceased who had
testator's death. instituted heir or his heirs give security for and 2; neither do they exclude one given cause for the same.
This rule shall not apply when the compliance with the wishes of the testator another. If there are two or more legitimate children
condition, already complied with, cannot be and for the return of anything he or they In all cases of illegitimate children, their or descendants, the surviving spouse shall
fulfilled again. (795a) may receive, together with its fruits and filiation must be duly proved. be entitled to a portion equal to the legitime
interests, if he or they should disregard this The father or mother of illegitimate children of each of the legitimate children or
Article 877. If the condition is casual or obligation. (797a) of the three classes mentioned, shall descendants.
mixed, it shall be sufficient if it happen or inherit from them in the manner and to the In both cases, the legitime of the surviving
be fulfilled at any time before or after the Article 883. When without the fault of the extent established by this Code. (807a) spouse shall be taken from the portion that
death of the testator, unless he has heir, an institution referred to in the can be freely disposed of by the testator.
provided otherwise. preceding article cannot take effect in the Article 888. The legitime of legitimate (834a)
Should it have existed or should it have exact manner stated by the testator, it shall children and descendants consists of one-
been fulfilled at the time the will was be complied with in a manner most half of the hereditary estate of the father Article 893. If the testator leaves no
executed and the testator was unaware analogous to and in conformity with his and of the mother. legitimate descendants, but leaves
thereof, it shall be deemed as complied wishes. The latter may freely dispose of the legitimate ascendants, the surviving
with. If the person interested in the condition remaining half, subject to the rights of spouse shall have a right to one-fourth of
If he had knowledge thereof, the condition should prevent its fulfillment, without the illegitimate children and of the surviving the hereditary estate.
shall be considered fulfilled only when it is fault of the heir, the condition shall be spouse as hereinafter provided. (808a) This fourth shall be taken from the free
of such a nature that it can no longer exist deemed to have been complied with. portion of the estate. (836a)
or be complied with again. (796) (798a)
Article 894. If the testator leaves Article 899. When the widow or widower Article 904. The testator cannot deprive Article 911. After the legitime has been
illegitimate children, the surviving spouse survives with legitimate parents or his compulsory heirs of their legitime, determined in accordance with the three
shall be entitled to one-third of the ascendants and with illegitimate children, except in cases expressly specified by law. preceding articles, the reduction shall be
hereditary estate of the deceased and the such surviving spouse shall be entitled to Neither can he impose upon the same any made as follows:
illegitimate children to another third. The one-eighth of the hereditary estate of the burden, encumbrance, condition, or (1) Donations shall be respected as long
remaining third shall be at the free disposal deceased which must be taken from the substitution of any kind whatsoever. (813a) as the legitime can be covered, reducing or
of the testator. (n) free portion, and the illegitimate children annulling, if necessary, the devises or
shall be entitled to one-fourth of the estate Article 905. Every renunciation or legacies made in the will;
Article 895. The legitime of each of the which shall be taken also from the compromise as regards a future legitime (2) The reduction of the devises or
acknowledged natural children and each of disposable portion. The testator may freely between the person owing it and his legacies shall be pro rata, without any
the natural children by legal fiction shall dispose of the remaining one-eighth of the compulsory heirs is void, and the latter distinction whatever.
consist of one-half of the legitime of each estate. (n) may claim the same upon the death of the If the testator has directed that a certain
of the legitimate children or descendants. former; but they must bring to collation devise or legacy be paid in preference to
The legitime of an illegitimate child who is Article 900. If the only survivor is the whatever they may have received by virtue others, it shall not suffer any reduction until
neither an acknowledged natural, nor a widow or widower, she or he shall be of the renunciation or compromise. (816) the latter have been applied in full to the
natural child by legal fiction, shall be equal entitled to one-half of the hereditary estate payment of the legitime.
in every case to four-fifths of the legitime of of the deceased spouse, and the testator Article 906. Any compulsory heir to whom (3) If the devise or legacy consists of a
an acknowledged natural child. may freely dispose of the other half. (837a) the testator has left by any title less than usufruct or life annuity, whose value may
The legitime of the illegitimate children If the marriage between the surviving the legitime belonging to him may demand be considered greater than that of the
shall be taken from the portion of the spouse and the testator was solemnized in that the same be fully satisfied. (815) disposable portion, the compulsory heirs
estate at the free disposal of the testator, articulo mortis, and the testator died within may choose between complying with the
provided that in no case shall the total three months from the time of the Article 907. Testamentary dispositions that testamentary provision and delivering to
legitime of such illegitimate children marriage, the legitime of the surviving impair or diminish the legitime of the the devisee or legatee the part of the
exceed that free portion, and that the spouse as the sole heir shall be one-third compulsory heirs shall be reduced on inheritance of which the testator could
legitime of the surviving spouse must first of the hereditary estate, except when they petition of the same, insofar as they may freely dispose. (820a)
be fully satisfied. (840a) have been living as husband and wife for be inofficious or excessive. (817)
more than five years. In the latter case, the Article 912. If the devise subject to
Article 896. Illegitimate children who may legitime of the surviving spouse shall be Article 908. To determine the legitime, the reduction should consist of real property,
survive with legitimate parents or that specified in the preceding paragraph. value of the property left at the death of the which cannot be conveniently divided, it
ascendants of the deceased shall be testator shall be considered, deducting all shall go to the devisee if the reduction
entitled to one-fourth of the hereditary Article 901. When the testator dies leaving debts and charges, which shall not include does not absorb one-half of its value; and
estate to be taken from the portion at the illegitimate children and no other those imposed in the will. in a contrary case, to the compulsory heirs;
free disposal of the testator. (841a) compulsory heirs, such illegitimate children To the net value of the hereditary estate, but the former and the latter shall
shall have a right to one-half of the shall be added the value of all donations reimburse each other in cash for what
Article 897. When the widow or widower hereditary estate of the deceased. by the testator that are subject to collation, respectively belongs to them.
survives with legitimate children or The other half shall be at the free disposal at the time he made them. (818a) The devisee who is entitled to a legitime
descendants, and acknowledged natural of the testator. (842a) may retain the entire property, provided its
children, or natural children by legal fiction, Article 909. Donations given to children value does not exceed that of the
such surviving spouse shall be entitled to a Article 902. The rights of illegitimate shall be charged to their legitime. disposable portion and of the share
portion equal to the legitime of each of the children set forth in the preceding articles Donations made to strangers shall be pertaining to him as legitime. (821)
legitimate children which must be taken are transmitted upon their death to their charged to that part of the estate of which
from that part of the estate which the descendants, whether legitimate or the testator could have disposed by his last Article 913. If the heirs or devisees do not
testator can freely dispose of. (n) illegitimate. (843a) will. choose to avail themselves of the right
Insofar as they may be inofficious or may granted by the preceding article, any heir
Article 898. If the widow or widower Article 903. The legitime of the parents exceed the disposable portion, they shall or devisee who did not have such right
survives with legitimate children or who have an illegitimate child, when such be reduced according to the rules may exercise it; should the latter not make
descendants, and with illegitimate children child leaves neither legitimate established by this Code. (819a) use of it, the property shall be sold at
other than acknowledged natural, or descendants, nor a surviving spouse, nor public auction at the instance of any one of
natural children by legal fiction, the share illegitimate children, is one-half of the Article 910. Donations which an the interested parties. (822)
of the surviving spouse shall be the same hereditary estate of such illegitimate child. illegitimate child may have received during
as that provided in the preceding article. If only legitimate or illegitimate children are the lifetime of his father or mother, shall be Article 914. The testator may devise and
left, the parents are not entitled to any charged to his legitime. bequeath the free portion as he may deem
legitime whatsoever. If only the widow or Should they exceed the portion that can be fit. (n)
widower survives with parents of the freely disposed of, they shall be reduced in
illegitimate child, the legitime of the parents the manner prescribed by this Code.
is one-fourth of the hereditary estate of the
child, and that of the surviving spouse also
one-fourth of the estate. (n)
 SECTION 6 Article 920. The following shall be Article 922. A subsequent reconciliation Article 930. The legacy or devise of a
Disinheritance sufficient causes for the disinheritance of between the offender and the offended thing belonging to another person is void, if
parents or ascendants, whether legitimate person deprives the latter of the right to the testator erroneously believed that the
Article 915. A compulsory heir may, in or illegitimate: disinherit, and renders ineffectual any thing pertained to him. But if the thing
consequence of disinheritance, be (1) When the parents have abandoned disinheritance that may have been made. bequeathed, though not belonging to the
deprived of his legitime, for causes their children or induced their daughters to (856) testator when he made the will, afterwards
expressly stated by law. (848a) live a corrupt or immoral life, or attempted becomes his, by whatever title, the
against their virtue; Article 923. The children and descendants disposition shall take effect. (862a)
Article 916. Disinheritance can be effected (2) When the parent or ascendant has of the person disinherited shall take his or
only through a will wherein the legal cause been convicted of an attempt against the her place and shall preserve the rights of Article 931. If the testator orders that a
therefor shall be specified. (849) life of the testator, his or her spouse, compulsory heirs with respect to the thing belonging to another be acquired in
descendants, or ascendants; legitime; but the disinherited parent shall order that it be given to a legatee or
Article 917. The burden of proving the (3) When the parent or ascendant has not have the usufruct or administration of devisee, the heir upon whom the obligation
truth of the cause for disinheritance shall accused the testator of a crime for which the property which constitutes the legitime. is imposed or the estate must acquire it
rest upon the other heirs of the testator, if the law prescribes imprisonment for six (857) and give the same to the legatee or
the disinherited heir should deny it. (850) years or more, if the accusation has been devisee; but if the owner of the thing
found to be false; SECTION 7 refuses to alienate the same, or demands
Article 918. Disinheritance without a (4) When the parent or ascendant has Legacies and Devises an excessive price therefor, the heir or the
specification of the cause, or for a cause been convicted of adultery or concubinage Article 924. All things and rights which are estate shall only be obliged to give the just
the truth of which, if contradicted, is not with the spouse of the testator; within the commerce of man be value of the thing. (861a)
proved, or which is not one of those set (5) When the parent or ascendant by fraud, bequeathed or devised. (865a)
forth in this Code, shall annul the institution violence, intimidation, or undue influence Article 932. The legacy or devise of a
of heirs insofar as it may prejudice the causes the testator to make a will or to Article 925. A testator may charge with thing which at the time of the execution of
person disinherited; but the devises and change one already made; legacies and devises not only his the will already belonged to the legatee or
legacies and other testamentary (6) The loss of parental authority for compulsory heirs but also the legatees and devisee shall be ineffective, even though
dispositions shall be valid to such extent as causes specified in this Code; devisees. another person may have some interest
will not impair the legitime. (851a) (7) The refusal to support the children or The latter shall be liable for the charge only therein.
descendants without justifiable cause; to the extent of the value of the legacy or If the testator expressly orders that the
Article 919. The following shall be (8) An attempt by one of the parents the devise received by them. The thing be freed from such interest or
sufficient causes for the disinheritance of against the life of the other, unless there compulsory heirs shall not be liable for the encumbrance, the legacy or devise shall
children and descendants, legitimate as has been a reconciliation between them. charge beyond the amount of the free be valid to that extent. (866a)
well as illegitimate: portion given them. (858a)
(1) When a child or descendant has been Article 921. The following shall be Article 933. If the thing bequeathed
found guilty of an attempt against the life of sufficient causes for disinheriting a spouse: Article 926. When the testator charges belonged to the legatee or devisee at the
t h e t e s t a t o r, h i s o r h e r s p o u s e , (1) When the spouse has been convicted one of the heirs with a legacy or devise, he time of the execution of the will, the legacy
descendants, or ascendants; of an attempt against the life of the alone shall be bound. or devise shall be without effect, even
(2) When a child or descendant has testator, his or her descendants, or Should he not charge anyone in particular, though it may have subsequently alienated
accused the testator of a crime for which ascendants; all shall be liable in the same proportion in by him.
the law prescribes imprisonment for six (2) When the spouse has accused the which they may inherit. (859) If the legatee or devisee acquires it
years or more, if the accusation has been testator of a crime for which the law gratuitously after such time, he can claim
found groundless; prescribes imprisonment of six years or Article 927. If two or more heirs take nothing by virtue of the legacy or devise;
(3) When a child or descendant has been more, and the accusation has been found possession of the estate, they shall be but if it has been acquired by onerous title
convicted of adultery or concubinage with to be false; solidarily liable for the loss or destruction of he can demand reimbursement from the
the spouse of the testator; (3) When the spouse by fraud, violence, a thing devised or bequeathed, even heir or the estate. (878a)
(4) When a child or descendant by fraud, intimidation, or undue influence cause the though only one of them should have been
violence, intimidation, or undue influence testator to make a will or to change one negligent. (n) Article 934. If the testator should bequeath
causes the testator to make a will or to already made; or devise something pledged or mortgaged
change one already made; (4) When the spouse has given cause for Article 928. The heir who is bound to to secure a recoverable debt before the
(5) A refusal without justifiable cause to legal separation; deliver the legacy or devise shall be liable execution of the will, the estate is obliged
support the parent or ascendant who (5) When the spouse has given grounds in case of eviction, if the thing is to pay the debt, unless the contrary
disinherits such child or descendant; for the loss of parental authority; indeterminate and is indicated only by its intention appears.
(6) Maltreatment of the testator by word or (6) Unjustifiable refusal to support the kind. (860) The same rule applies when the thing is
deed, by the child or descendant; children or the other spouse. pledged or mortgaged after the execution
(7) When a child or descendant leads a Article 929. If the testator, heir, or legatee of the will.
dishonorable or disgraceful life; owns only a part of, or an interest in the Any other charge, perpetual or temporary,
(8) Conviction of a crime which carries with thing bequeathed, the legacy or devise with which the thing bequeathed is
it the penalty of civil interdiction. shall be understood limited to such part or burdened, passes with it to the legatee or
interest, unless the testator expressly devisee. (867a)
declares that he gives the thing in its
entirety. (864a)
Article 935. The legacy of a credit against Article 940. In alternative legacies or Article 944. A legacy for education lasts Article 949. If the bequest should not be of
a third person or of the remission or devises, the choice is presumed to be left until the legatee is of age, or beyond the a specific and determinate thing, but is
release of a debt of the legatee shall be to the heir upon whom the obligation to age of majority in order that the legatee generic or of quantity, its fruits and
effective only as regards that part of the give the legacy or devise may be imposed, may finish some professional, vocational or interests from the time of the death of the
credit or debt existing at the time of the or the executor or administrator of the general course, provided he pursues his testator shall pertain to the legatee or
death of the testator. estate if no particular heir is so obliged. course diligently. devisee if the testator has expressly so
In the first case, the estate shall comply If the heir, legatee or devisee, who may A legacy for support lasts during the ordered. (884a)
with the legacy by assigning to the legatee have been given the choice, dies before lifetime of the legatee, if the testator has
all rights of action it may have against the making it, this right shall pass to the not otherwise provided. Article 950. If the estate should not be
debtor. In the second case, by giving the respective heirs. If the testator has not fixed the amount of sufficient to cover all the legacies or
legatee an acquittance, should he request Once made, the choice is irrevocable. such legacies, it shall be fixed in devises, their payment shall be made in
one. In the alternative legacies or devises, accordance with the social standing and the following order:
In both cases, the legacy shall comprise all except as herein provided, the provisions the circumstances of the legatee and the (1) Remuneratory legacies or devises;
interests on the credit or debt which may of this Code regulating obligations of the value of the estate. (2) Legacies or devises declared by the
be due the testator at the time of his death. same kind shall be observed, save such If the testator or during his lifetime used to testator to be preferential;
modifications as may appear from the give the legatee a certain sum of money or (3) Legacies for support;
Article 936. The legacy referred to in the intention expressed by the testator. (874a) other things by way of support, the same (4) Legacies for education;
preceding article shall lapse if the testator, amount shall be deemed bequeathed, (5) Legacies or devises of a specific,
after having made it, should bring an action Article 941. A legacy of generic personal unless it be markedly disproportionate to determinate thing which forms a part of the
against the debtor for the payment of his property shall be valid even if there be no the value of the estate. (879a) estate;
debt, even if such payment should not things of the same kind in the estate. (6) All others pro rata. (887a)
have been effected at the time of his A devise of indeterminate real property Article 945. If a periodical pension, or a
death. shall be valid only if there be immovable certain annual, monthly, or weekly amount Article 951. The thing bequeathed shall be
The legacy to the debtor of the thing property of its kind in the estate. is bequeathed, the legatee may petition the delivered with all its accessories and
pledged by him is understood to discharge The right of choice shall belong to the court for the first installment upon the accessories and in the condition in which it
only the right of pledge. (871) executor or administrator who shall comply death of the testator, and for the following may be upon the death of the testator.
with the legacy by the delivery of a thing ones which shall be due at the beginning
Article 937. A generic legacy of release or which is neither of inferior nor of superior of each period; such payment shall not be Article 952. The heir, charged with a
remission of debts comprises those quality. (875a) returned, even though the legatee should legacy or devise, or the executor or
existing at the time of the execution of the die before the expiration of the period administrator of the estate, must deliver
will, but not subsequent ones. (872) Article 942. Whenever the testator which has commenced. (880a) the very thing bequeathed if he is able to
expressly leaves the right of choice to the do so and cannot discharge this obligation
Article 938. A legacy or devise made to a heir, or to the legatee or devisee, the Article 946. If the thing bequeathed should by paying its value.
creditor shall not be applied to his credit, former may give or the latter may choose be subject to a usufruct, the legatee or Legacies of money must be paid in cash,
unless the testator so expressly declares. whichever he may prefer. (876a) devisee shall respect such right until it is even though the heir or the estate may not
In the latter case, the creditor shall have legally extinguished. (868a) have any.
the right to collect the excess, if any, of the Article 943. If the heir, legatee or devisee The expenses necessary for the delivery of
credit or of the legacy or devise. (837a) cannot make the choice, in case it has Article 947. The legatee or devisee the thing bequeathed shall be for the
been granted him, his right shall pass to acquires a right to the pure and simple account of the heir or the estate, but
Article 939. If the testator orders the his heirs; but a choice once made shall be legacies or devises from the death of the without prejudice to the legitime. (886a)
payment of what he believes he owes but irrevocable. (877a) testator, and transmits it to his heirs.
does not in fact owe, the disposition shall Article 953. The legatee or devisee cannot
be considered as not written. If as regards Article 948. If the legacy or devise is of a take possession of the thing bequeathed
a specified debt more than the amount specific and determinate thing pertaining to upon his own authority, but shall request its
thereof is ordered paid, the excess is not the testator, the legatee or devisee delivery and possession of the heir
due, unless a contrary intention appears. acquires the ownership thereof upon the charged with the legacy or devise, or of the
The foregoing provisions are without death of the testator, as well as any executor or administrator of the estate
prejudice to the fulfillment of natural growing fruits, or unborn offspring of should he be authorized by the court to
obligations. (n) animals, or uncollected income; but not the deliver it. (885a)
income which was due and unpaid before
the latter's death. Article 954. The legatee or devisee cannot
From the moment of the testator's death, accept a part of the legacy or devise and
the thing bequeathed shall be at the risk of repudiate the other, if the latter be onerous.
the legatee or devisee, who shall, Should he die before having accepted the
therefore, bear its loss or deterioration, and legacy or devise, leaving several heirs,
shall be benefited by its increase or some of the latter may accept and the
improvement, without prejudice to the others may repudiate the share
responsibility of the executor or respectively belonging to them in the
administrator. (882a) legacy or devise. (889a)
Article 955. The legatee or devisee of two Article 959. A disposition made in general SUBSECTION 1. Relationship SUBSECTION 2. Right of
legacies or devises, one of which is terms in favor of the testator's relatives Article 963. Proximity of relationship is Representation
onerous, cannot renounce the onerous shall be understood to be in favor of those determined by the number of generations.
one and accept the other. If both are nearest in degree. (751) Each generation forms a degree. (915) Article 970. Representation is a right
onerous or gratuitous, he shall be free to Article 964. A series of degrees forms a created by fiction of law, by virtue of which
accept or renounce both, or to renounce CHAPTER 3 line, which may be either direct or the representative is raised to the place
either. But if the testator intended that the Legal or Intestate Succession collateral. and the degree of the person represented,
two legacies or devises should be A direct line is that constituted by the and acquires the rights which the latter
inseparable from each other, the legatee or SECTION 1 series of degrees among ascendants and would have if he were living or if he could
devisee must either accept or renounce General Provisions descendants. have inherited. (942a)
both. Article 960. Legal or intestate succession A collateral line is that constituted by the
Any compulsory heir who is at the same takes place: Article 971. The representative is called to
series of degrees among persons who are
time a legatee or devisee may waive the (1) If a person dies without a will, or with a the succession by the law and not by the
not ascendants and descendants, but who
inheritance and accept the legacy or void will, or one which has subsequently person represented. The representative
come from a common ancestor. (916a)
devise, or renounce the latter and accept lost its validity; does not succeed the person represented
Article 965. The direct line is either
the former, or waive or accept both. (890a) (2) When the will does not institute an heir but the one whom the person represented
descending or ascending.
to, or dispose of all the property belonging would have succeeded. (n)
Article 956. If the legatee or devisee to the testator. In such case, legal The former unites the head of the family
cannot or is unwilling to accept the legacy succession shall take place only with with those who descend from him. Article 972. The right of representation
or devise, or if the legacy or devise for any respect to the property of which the The latter binds a person with those from takes place in the direct descending line,
reason should become ineffective, it shall testator has not disposed; whom he descends. (917) but never in the ascending.
be merged into the mass of the estate, (3) If the suspensive condition attached to Article 966. In the line, as many degrees In the collateral line, it takes place only in
except in cases of substitution and of the the institution of heir does not happen or is are counted as there are generations or favor of the children of brothers or sisters,
right of accretion. (888a) not fulfilled, or if the heir dies before the persons, excluding the progenitor. whether they be of the full or half blood.
testator, or repudiates the inheritance, In the direct line, ascent is made to the
Article 957. The legacy or devise shall be there being no substitution, and no right of common ancestor. Thus, the child is one Article 973. In order that representation
without effect: accretion takes place; degree removed from the parent, two from may take place, it is necessary that the
(1) If the testator transforms the thing (4) When the heir instituted is incapable of the grandfather, and three from the great- representative himself be capable of
bequeathed in such a manner that it does succeeding, except in cases provided in grandparent. succeeding the decedent. (n)
not retain either the form or the this Code. (912a) In the collateral line, ascent is made to the
denomination it had; common ancestor and then descent is Article 974. Whenever there is succession
(2) If the testator by any title or for any Article 961. In default of testamentary made to the person with whom the by representation, the division of the estate
cause alienates the thing bequeathed or heirs, the law vests the inheritance, in computation is to be made. Thus, a person shall be made per stirpes, in such manner
any part thereof, it being understood that in accordance with the rules hereinafter set is two degrees removed from his brother, that the representative or representatives
the latter case the legacy or devise shall forth, in the legitimate and illegitimate three from his uncle, who is the brother of shall not inherit more than what the person
be without effect only with respect to the relatives of the deceased, in the surviving his father, four from his first cousin, and so they represent would inherit, if he were
part thus alienated. If after the alienation spouse, and in the State. (913a) forth. (918a) living or could inherit. (926a)
the thing should again belong to the Article 967. Full blood relationship is that
testator, even if it be by reason of nullity of Article 962. In every inheritance, the existing between persons who have the Article 975. When children of one or more
the contract, the legacy or devise shall not relative nearest in degree excludes the same father and the same mother. brothers or sisters of the deceased survive,
thereafter be valid, unless the reacquisition more distant ones, saving the right of Half blood relationship is that existing they shall inherit from the latter by
shall have been effected by virtue of the representation when it properly takes between persons who have the same representation, if they survive with their
exercise of the right of repurchase; place. father, but not the same mother, or the uncles or aunts. But if they alone survive,
(3) If the thing bequeathed is totally lost Relatives in the same degree shall inherit same mother, but not the same father. they shall inherit in equal portions. (927)
during the lifetime of the testator, or after in equal shares, subject to the provisions Article 968. If there are several relatives of
his death without the heir's fault. of article 1006 with respect to relatives of Article 976. A person may represent him
the same degree, and one or some of
Nevertheless, the person obliged to pay the full and half blood, and of article 987, whose inheritance he has renounced.
them are unwilling or incapacitated to
the legacy or devise shall be liable for paragraph 2, concerning division between succeed, his portion shall accrue to the
eviction if the thing bequeathed should not the paternal and maternal lines. (912a) Article 977. Heirs who repudiate their
others of the same degree, save the right
have been determinate as to its kind, in share may not be represented. (929a)
of representation when it should take
accordance with the provisions of article place. (922)
928. (869a)
Article 969. If the inheritance should be
repudiated by the nearest relative, should
Article 958. A mistake as to the name of
there be one only, or by all the nearest
the thing bequeathed or devised, is of no
relatives called by law to succeed, should
consequence, if it is possible to identify the
there be several, those of the following
thing which the testator intended to
degree shall inherit in their own right and
bequeath or devise. (n)
cannot represent the person or persons
repudiating the inheritance. (923)
 SECTION 2 SUBSECTION 2. Ascending Direct Line SUBSECTION 3. Illegitimate Children SUBSECTION 4. Surviving Spouse
Order of Intestate Succession
Article 985. In default of legitimate Article 988. In the absence of legitimate Article 995. In the absence of legitimate
SUBSECTION 1. Descending Direct Line children and descendants of the deceased, descendants or ascendants, the descendants and ascendants, and
his parents and ascendants shall inherit illegitimate children shall succeed to the illegitimate children and their descendants,
Article 978. Succession pertains, in the from him, to the exclusion of collateral entire estate of the deceased. (939a) whether legitimate or illegitimate, the
first place, to the descending direct line. relatives. (935a) surviving spouse shall inherit the entire
(930) Article 989. If, together with illegitimate estate, without prejudice to the rights of
Article 986. The father and mother, if children, there should survive descendants brothers and sisters, nephews and nieces,
Article 979. Legitimate children and their living, shall inherit in equal shares. of another illegitimate child who is dead, should there be any, under article 1001.
descendants succeed the parents and Should one only of them survive, he or she the former shall succeed in their own right
other ascendants, without distinction as to shall succeed to the entire estate of the and the latter by right of representation. Article 996. If a widow or widower and
sex or age, and even if they should come child. (936) legitimate children or descendants are left,
from different marriages. Article 990. The hereditary rights granted the surviving spouse has in the succession
An adopted child succeeds to the property Article 987. In default of the father and by the two preceding articles to illegitimate the same share as that of each of the
of the adopting parents in the same mother, the ascendants nearest in degree children shall be transmitted upon their children. (834a)
manner as a legitimate child. (931a) shall inherit. death to their descendants, who shall
Should there be more than one of equal inherit by right of representation from their Article 997. When the widow or widower
Article 980. The children of the deceased degree belonging to the same line they deceased grandparent. (941a) survives with legitimate parents or
shall always inherit from him in their own shall divide the inheritance per capita; ascendants, the surviving spouse shall be
right, dividing the inheritance in equal should they be of different lines but of Article 991. If legitimate ascendants are entitled to one-half of the estate, and the
shares. (932) equal degree, one-half shall go to the left, the illegitimate children shall divide the legitimate parents or ascendants to the
paternal and the other half to the maternal inheritance with them, taking one-half of other half. (836a)
Article 981. Should children of the ascendants. In each line the division shall the estate, whatever be the number of the
deceased and descendants of other be made per capita. (937) ascendants or of the illegitimate children. Article 998. If a widow or widower survives
children who are dead, survive, the former with illegitimate children, such widow or
shall inherit in their own right, and the latter Article 992. An illegitimate child has no widower shall be entitled to one-half of the
by right of representation. (934a) right to inherit ab intestato from the inheritance, and the illegitimate children or
legitimate children and relatives of his their descendants, whether legitimate or
Article 982. The grandchildren and other father or mother; nor shall such children or illegitimate, to the other half. (n)
descendants shall inherit by right of relatives inherit in the same manner from
representation, and if any one of them the illegitimate child. (943a) Article 999. When the widow or widower
should have died, leaving several heirs, survives with legitimate children or their
the portion pertaining to him shall be Article 993. If an illegitimate child should descendants and illegitimate children or
divided among the latter in equal portions. die without issue, either legitimate or their descendants, whether legitimate or
illegitimate, his father or mother shall illegitimate, such widow or widower shall
Article 983. If illegitimate children survive succeed to his entire estate; and if the be entitled to the same share as that of a
with legitimate children, the shares of the child's filiation is duly proved as to both legitimate child. (n)
former shall be in the proportions parents, who are both living, they shall
prescribed by article 895. (n) inherit from him share and share alike. Article 1000. If legitimate ascendants, the
surviving spouse, and illegitimate children
Article 984. In case of the death of an Article 994. In default of the father or are left, the ascendants shall be entitled to
adopted child, leaving no children or mother, an illegitimate child shall be one-half of the inheritance, and the other
descendants, his parents and relatives by succeeded by his or her surviving spouse half shall be divided between the surviving
consanguinity and not by adoption, shall who shall be entitled to the entire estate. spouse and the illegitimate children so that
be his legal heirs. (n) If the widow or widower should survive with such widow or widower shall have one-
brothers and sisters, nephews and nieces, fourth of the estate, and the illegitimate
she or he shall inherit one-half of the children the other fourth. (841a)
estate, and the latter the other half. (945a)
Article 1001. Should brothers and sisters
or their children survive with the widow or
widower, the latter shall be entitled to one-
half of the inheritance and the brothers and
sisters or their children to the other half.

Article 1002. In case of a legal separation,

if the surviving spouse gave cause for the
separation, he or she shall not have any of
the rights granted in the preceding articles.
SUBSECTION 5. Collateral Relatives SUBSECTION 6. The State CHAPTER 4 Article 1021. Among the compulsory heirs
Provisions Common to Testate and the right of accretion shall take place only
Article 1003. If there are no descendants, Article 1011. In default of persons entitled Intestate Successions when the free portion is left to two or more
ascendants, illegitimate children, or a to succeed in accordance with the of them, or to any one of them and to a
surviving spouse, the collateral relatives provisions of the preceding Sections, the SECTION 1 stranger.
shall succeed to the entire estate of the State shall inherit the whole estate. (956a) Right of Accretion Should the part repudiated be the legitime,
deceased in accordance with the following the other co-heirs shall succeed to it in
articles. (946a) Article 1012. In order that the State may Article 1015. Accretion is a right by virtue their own right, and not by the right of
take possession of the property mentioned of which, when two or more persons are accretion. (985)
Article 1004. Should the only survivors be in the preceding article, the pertinent called to the same inheritance, devise or
brothers and sisters of the full blood, they provisions of the Rules of Court must be legacy, the part assigned to the one who Article 1022. In testamentary succession,
shall inherit in equal shares. (947) observed. (958a) renounces or cannot receive his share, or when the right of accretion does not take
who died before the testator, is added or place, the vacant portion of the instituted
Article 1005. Should brothers and sisters Article 1013. After the payment of debts incorporated to that of his co-heirs, co- heirs, if no substitute has been designated,
survive together with nephews and nieces, and charges, the personal property shall devisees, or co-legatees. (n) shall pass to the legal heirs of the testator,
who are the children of the descendant's be assigned to the municipality or city who shall receive it with the same charges
brothers and sisters of the full blood, the where the deceased last resided in the Article 1016. In order that the right of and obligations. (986)
former shall inherit per capita, and the Philippines, and the real estate to the accretion may take place in a testamentary
latter per stirpes. (948) municipalities or cities, respectively, in succession, it shall be necessary: Article 1023. Accretion shall also take
which the same is situated. (1) That two or more persons be called to place among devisees, legatees and
Article 1006. Should brother and sisters of If the deceased never resided in the the same inheritance, or to the same usufructuaries under the same conditions
the full blood survive together with brothers Philippines, the whole estate shall be portion thereof, pro indiviso; and established for heirs. (987a)
and sisters of the half blood, the former assigned to the respective municipalities or (2) That one of the persons thus called die
shall be entitled to a share double that of cities where the same is located. before the testator, or renounce the
the latter. (949) Such estate shall be for the benefit of inheritance, or be incapacitated to receive
public schools, and public charitable it. (928a)
Article 1007. In case brothers and sisters institutions and centers, in such
of the half blood, some on the father's and municipalities or cities. The court shall Article 1017. The words "one-half for
some on the mother's side, are the only distribute the estate as the respective each" or "in equal shares" or any others
survivors, all shall inherit in equal shares needs of each beneficiary may warrant. which, though designating an aliquot part,
without distinction as to the origin of the The court, at the instance of an interested do not identify it by such description as
property. (950) party, or on its own motion, may order the shall make each heir the exclusive owner
establishment of a permanent trust, so that of determinate property, shall not exclude
Article 1008. Children of brothers and only the income from the property shall be the right of accretion.
sisters of the half blood shall succeed per used. (956a) In case of money or fungible goods, if the
capita or per stirpes, in accordance with share of each heir is not earmarked, there
the rules laid down for brothers and sisters Article 1014. If a person legally entitled to shall be a right of accretion. (983a)
of the full blood. (915) the estate of the deceased appears and
files a claim thereto with the court within Article 1018. In legal succession the share
Article 1009. Should there be neither five years from the date the property was of the person who repudiates the
brothers nor sisters nor children of brothers delivered to the State, such person shall inheritance shall always accrue to his co-
or sisters, the other collateral relatives be entitled to the possession of the same, heirs. (981)
shall succeed to the estate. or if sold, the municipality or city shall be
The latter shall succeed without distinction accountable to him for such part of the Article 1019. The heirs to whom the
of lines or preference among them by proceeds as may not have been lawfully portion goes by the right of accretion take it
reason of relationship by the whole blood. spent. (n) in the same proportion that they inherit. (n)
(954a)
Article 1020. The heirs to whom the
Article 1010. The right to inherit ab inheritance accrues shall succeed to all the
intestato shall not extend beyond the fifth rights and obligations which the heir who
degree of relationship in the collateral line. renounced or could not receive it would
(955a) have had. (984)
 SECTION 2 Article 1032. The following are incapable Article 1035. If the person excluded from
Capacity to Succeed by Will or by Article 1028. The prohibitions mentioned of succeeding by reason of unworthiness: the inheritance by reason of incapacity
Intestacy in article 739, concerning donations inter (1) Parents who have abandoned their should be a child or descendant of the
Article 1024. Persons not incapacitated by vivos shall apply to testamentary children or induced their daughters to lead decedent and should have children or
law may succeed by will or ab intestato. provisions. (n) a corrupt or immoral life, or attempted descendants, the latter shall acquire his
The provisions relating to incapacity by will against their virtue; right to the legitime.
are equally applicable to intestate Article 1029. Should the testator dispose (2) Any person who has been convicted of The person so excluded shall not enjoy the
succession. (744, 914) of the whole or part of his property for an attempt against the life of the testator, usufruct and administration of the property
Article 1025. In order to be capacitated to prayers and pious works for the benefit of his or her spouse, descendants, or thus inherited by his children. (761a)
inherit, the heir, devisee or legatee must be his soul, in general terms and without ascendants;
living at the moment the succession opens, specifying its application, the executor, with (3) Any person who has accused the Article 1036. Alienations of hereditary
except in case of representation, when it is the court's approval shall deliver one-half testator of a crime for which the law property, and acts of administration
proper. thereof or its proceeds to the church or prescribes imprisonment for six years or performed by the excluded heir, before the
A child already conceived at the time of the denomination to which the testator may more, if the accusation has been found judicial order of exclusion, are valid as to
death of the decedent is capable of belong, to be used for such prayers and groundless; the third persons who acted in good faith;
succeeding provided it be born later under pious works, and the other half to the (4) Any heir of full age who, having but the co-heirs shall have a right to
the conditions prescribed in article 41. (n) State, for the purposes mentioned in article knowledge of the violent death of the recover damages from the disqualified heir.
1013. testator, should fail to report it to an officer
Article 1026. A testamentary disposition of the law within a month, unless the Article 1037. The unworthy heir who is
may be made to the State, provinces, Article 1030. Testamentary provisions in authorities have already taken action; this excluded from the succession has a right
municipal corporations, private favor of the poor in general, without prohibition shall not apply to cases to demand indemnity or any expenses
corporations, organizations, or designation of particular persons or of any wherein, according to law, there is no incurred in the preservation of the
associations for religious, scientific, community, shall be deemed limited to the obligation to make an accusation; hereditary property, and to enforce such
cultural, educational, or charitable poor living in the domicile of the testator at (5) Any person convicted of adultery or credits as he may have against the estate.
purposes. the time of his death, unless it should concubinage with the spouse of the
All other corporations or entities may clearly appear that his intention was testator; Article 1038. Any person incapable of
succeed under a will, unless there is a otherwise. (6) Any person who by fraud, violence, succession, who, disregarding the
provision to the contrary in their charter or The designation of the persons who are to intimidation, or undue influence should prohibition stated in the preceding articles,
the laws of their creation, and always be considered as poor and the distribution cause the testator to make a will or to entered into the possession of the
subject to the same. (746a) of the property shall be made by the change one already made; hereditary property, shall be obliged to
person appointed by the testator for the (7) Any person who by the same means return it together it its accessions.
Article 1027. The following are incapable purpose; in default of such person, by the prevents another from making a will, or He shall be liable for all the fruits and rents
of succeeding: executor, and should there be no executor, from revoking one already made, or who he may have received, or could have
(1) The priest who heard the confession of by the justice of the peace, the mayor, and supplants, conceals, or alters the latter's received through the exercise of due
the testator during his last illness, or the the municipal treasurer, who shall decide will; diligence. (760a)
minister of the gospel who extended by a majority of votes all questions that (8) Any person who falsifies or forges a
spiritual aid to him during the same period; may arise. In all these cases, the approval supposed will of the decedent. (756, 673, Article 1039. Capacity to succeed is
(2) The relatives of such priest or minister of the Court of First Instance shall be 674a) governed by the law of the nation of the
of the gospel within the fourth degree, the necessary. decedent. (n)
church, order, chapter, community, The preceding paragraph shall apply when Article 1033. The cause of unworthiness
organization, or institution to which such the testator has disposed of his property in shall be without effect if the testator had Article 1040. The action for a declaration
priest or minister may belong; favor of the poor of a definite locality. knowledge thereof at the time he made the of incapacity and for the recovery of the
(3) A guardian with respect to testamentary will, or if, having known of them inheritance, devise or legacy shall be
dispositions given by a ward in his favor Article 1031. A testamentary provision in subsequently, he should condone them in brought within five years from the time the
before the final accounts of the favor of a disqualified person, even though writing. (757a) disqualified person took possession
guardianship have been approved, even if made under the guise of an onerous thereof. It may be brought by any one who
the testator should die after the approval contract, or made through an intermediary, Article 1034. In order to judge the capacity may have an interest in the succession.
thereof; nevertheless, any provision made shall be void. (755) of the heir, devisee or legatee, his
by the ward in favor of the guardian when qualification at the time of the death of the
the latter is his ascendant, descendant, decedent shall be the criterion.
brother, sister, or spouse, shall be valid; In cases falling under Nos. 2, 3, or 5 of
(4) Any attesting witness to the execution article 1032, it shall be necessary to wait
of a will, the spouse, parents, or children, until final judgment is rendered, and in the
or any one claiming under such witness, case falling under No. 4, the expiration of
spouse, parents, or children; the month allowed for the report.
(5) Any physician, surgeon, nurse, health If the institution, devise or legacy should be
officer or druggist who took care of the conditional, the time of the compliance with
testator during his last illness; the condition shall also be considered.
(6) Individuals, associations and (758a)
corporations not permitted by law to inherit.
 SECTION 3 Article 1049. Acceptance may be express Article 1054. Should there be several SECTION 4
Acceptance and Repudiation of the or tacit. heirs called to the inheritance, some of Executors and Administrators
Inheritance An express acceptance must be made in a them may accept and the others may Article 1058. All matters relating to the
Article 1041. The acceptance or public or private document. repudiate it. (1007a) appointment, powers and duties of
repudiation of the inheritance is an act A tacit acceptance is one resulting from executors and administrators and
which is purely voluntary and free. (988) acts by which the intention to accept is Article 1055. If a person, who is called to concerning the administration of estates of
necessarily implied, or which one would the same inheritance as an heir by will and deceased persons shall be governed by
A r t i c l e 1 0 4 2 . T h e e ff e c t s o f t h e have no right to do except in the capacity ab intestato, repudiates the inheritance in the Rules of Court. (n)
acceptance or repudiation shall always of an heir. his capacity as a testamentary heir, he is
retroact to the moment of the death of the Acts of mere preservation or provisional understood to have repudiated it in both Article 1059. If the assets of the estate of
decedent. (989) administration do not imply an acceptance capacities. a decedent which can be applied to the
of the inheritance if, through such acts, the Should he repudiate it as an intestate heir, payment of debts are not sufficient for that
Article 1043. No person may accept or title or capacity of an heir has not been without knowledge of his being a purpose, the provisions of articles 2239 to
repudiate an inheritance unless he is assumed. (999a) testamentary heir, he may still accept it in 2251 on Preference of Credits shall be
certain of the death of the person from the latter capacity. (1009) observed, provided that the expenses
whom he is to inherit, and of his right to the Article 1050. An inheritance is deemed referred to in article 2244, No. 8, shall be
inheritance. (991) accepted: Article 1056. The acceptance or those involved in the administration of the
(1) If the heirs sells, donates, or assigns repudiation of an inheritance, once made, decedent's estate. (n)
Article 1044. Any person having the free his right to a stranger, or to his co-heirs, or is irrevocable, and cannot be impugned,
disposal of his property may accept or to any of them; except when it was made through any of Article 1060. A corporation or association
repudiate an inheritance. (2) If the heir renounces the same, even the causes that vitiate consent, or when an authorized to conduct the business of a
Any inheritance left to minors or though gratuitously, for the benefit of one unknown will appears. (997) trust company in the Philippines may be
incapacitated persons may be accepted by or more of his co-heirs; appointed as an executor, administrator,
their parents or guardians. Parents or (3) If he renounces it for a price in favor of Article 1057. Within thirty days after the guardian of an estate, or trustee, in like
guardians may repudiate the inheritance all his co-heirs indiscriminately; but if this court has issued an order for the manner as an individual; but it shall not be
left to their wards only by judicial renunciation should be gratuitous, and the distribution of the estate in accordance appointed guardian of the person of a
authorization. co-heirs in whose favor it is made are with the Rules of Court, the heirs, devisees ward. (n)
The right to accept an inheritance left to those upon whom the portion renounced and legatees shall signify to the court
the poor shall belong to the persons should devolve by virtue of accretion, the having jurisdiction whether they accept or
designated by the testator to determine the inheritance shall not be deemed as repudiate the inheritance.
beneficiaries and distribute the property, or accepted. (1000) If they do not do so within that time, they
in their default, to those mentioned in are deemed to have accepted the
article 1030. (992a) Article 1051. The repudiation of an inheritance. (n)
inheritance shall be made in a public or
Article 1045. The lawful representatives of authentic instrument, or by petition
corporations, associations, institutions and presented to the court having jurisdiction
entities qualified to acquire property may over the testamentary or intestate
accept any inheritance left to the latter, but proceedings.
in order to repudiate it, the approval of the
court shall be necessary. (993a) Article 1052. If the heir repudiates the
inheritance to the prejudice of his own
Article 1046. Public official establishments creditors, the latter may petition the court
can neither accept nor repudiate an to authorize them to accept it in the name
inheritance without the approval of the of the heir.
government. (994) The acceptance shall benefit the creditors
only to an extent sufficient to cover the
Article 1047. A married woman of age may amount of their credits. The excess, should
repudiate an inheritance without the there be any, shall in no case pertain to the
consent of her husband. (995a) renouncer, but shall be adjudicated to the
persons to whom, in accordance with the
Article 1048. Deaf-mutes who can read rules established in this Code, it may
and write may accept or repudiate the belong. (1001)
inheritance personally or through an agent.
Should they not be able to read and write, Article 1053. If the heir should die without
the inheritance shall be accepted by their having accepted or repudiated the
guardians. These guardians may repudiate inheritance his right shall be transmitted to
the same with judicial approval. (996a) his heirs. (1006)
 SECTION 5 Article 1068. Expenses incurred by the Article 1074. Should the provisions of the
Collation parents in giving their children a preceding article be impracticable, if the
professional, vocational or other career property donated was immovable, the co-
Article 1061. Every compulsory heir, who shall not be brought to collation unless the heirs shall be entitled to receive its
succeeds with other compulsory heirs, parents so provide, or unless they impair equivalent in cash or securities, at the rate
must bring into the mass of the estate any the legitime; but when their collation is of quotation; and should there be neither
property or right which he may have required, the sum which the child would cash or marketable securities in the estate,
received from the decedent, during the have spent if he had lived in the house and so much of the other property as may be
lifetime of the latter, by way of donation, or company of his parents shall be deducted necessary shall be sold at public auction.
any other gratuitous title, in order that it therefrom. (1042a) If the property donated was movable, the
may be computed in the determination of co-heirs shall only have a right to select an
the legitime of each heir, and in the Article 1069. Any sums paid by a parent in equivalent of other personal property of the
account of the partition. (1035a) satisfaction of the debts of his children, inheritance at its just price. (1048)
election expenses, fines, and similar
Article 1062. Collation shall not take place expenses shall be brought to collation. Article 1075. The fruits and interest of the
among compulsory heirs if the donor property subject to collation shall not
should have so expressly provided, or if Article 1070. Wedding gifts by parents and pertain to the estate except from the day
the donee should repudiate the ascendants consisting of jewelry, clothing, on which the succession is opened.
inheritance, unless the donation should be and outfit, shall not be reduced as For the purpose of ascertaining their
reduced as inofficious. (1036) inofficious except insofar as they may amount, the fruits and interest of the
exceed one-tenth of the sum which is property of the estate of the same kind and
Article 1063. Property left by will is not disposable by will. (1044) quality as that subject to collation shall be
deemed subject to collation, if the testator made the standard of assessment. (1049)
has not otherwise provided, but the Article 1071. The same things donated
legitime shall in any case remain are not to be brought to collation and Article 1076. The co-heirs are bound to
unimpaired. (1037) partition, but only their value at the time of reimburse to the donee the necessary
the donation, even though their just value expenses which he has incurred for the
Article 1064. When the grandchildren, may not then have been assessed. preservation of the property donated to
who survive with their uncles, aunts, or Their subsequent increase or deterioration him, though they may not have augmented
cousins, inherit from their grandparents in and even their total loss or destruction, be its value.
representation of their father or mother, it accidental or culpable, shall be for the The donee who collates in kind an
they shall bring to collation all that their benefit or account and risk of the donee. immovable which has been given to him
parents, if alive, would have been obliged (1045a) must be reimbursed by his co-heirs for the
to bring, even though such grandchildren improvements which have increased the
have not inherited the property. Article 1072. In the collation of a donation value of the property, and which exist at
They shall also bring to collation all that made by both parents, one-half shall be the time the partition if effected.
they may have received from the decedent brought to the inheritance of the father, and As to works made on the estate for the
during his lifetime, unless the testator has the other half, to that of the mother. That mere pleasure of the donee, no
provided otherwise, in which case his given by one alone shall be brought to reimbursement is due him for them; he
wishes must be respected, if the legitime of collation in his or her inheritance. (1046a) has, however, the right to remove them, if
the co-heirs is not prejudiced. (1038) he can do so without injuring the estate. (n)
Article 1073. The donee's share of the
Article 1065. Parents are not obliged to estate shall be reduced by an amount Article 1077. Should any question arise
bring to collation in the inheritance of their equal to that already received by him; and among the co-heirs upon the obligation to
ascendants any property which may have his co-heirs shall receive an equivalent, as bring to collation or as to the things which
been donated by the latter to their children. much as possible, in property of the same are subject to collation, the distribution of
(1039) nature, class and quality. (1047) the estate shall not be interrupted for this
reason, provided adequate security is
Article 1066. Neither shall donations to the given. (1050)
spouse of the child be brought to collation;
but if they have been given by the parent
to the spouses jointly, the child shall be
obliged to bring to collation one-half of the
thing donated. (1040)

Article 1067. Expenses for support,

education, medical attendance, even in
extraordinary illness, apprenticeship,
ordinary equipment, or customary gifts are
not subject to collation. (1041)
 SECTION 6 Article 1083. Every co-heir has a right to Article 1088. Should any of the heirs sell Article 1095. If a credit should be
Partition and Distribution of the Estate demand the division of the estate unless his hereditary rights to a stranger before assigned as collectible, the co-heirs shall
the testator should have expressly the partition, any or all of the co-heirs may not be liable for the subsequent insolvency
SUBSECTION 1. Partition forbidden its partition, in which case the be subrogated to the rights of the of the debtor of the estate, but only for his
Article 1078. Where there are two or more period of indivision shall not exceed twenty purchaser by reimbursing him for the price insolvency at the time the partition is
heirs, the whole estate of the decedent is, years as provided in article 494. This of the sale, provided they do so within the made.
before its partition, owned in common by power of the testator to prohibit division period of one month from the time they The warranty of the solvency of the debtor
such heirs, subject to the payment of debts applies to the legitime. were notified in writing of the sale by the can only be enforced during the five years
of the deceased. (n) Even though forbidden by the testator, the vendor. (1067a) following the partition.
co-ownership terminates when any of the Co-heirs do not warrant bad debts, if so
Article 1079. Partition, in general, is the causes for which partnership is dissolved Article 1089. The titles of acquisition or known to, and accepted by, the distributee.
separation, division and assignment of a takes place, or when the court finds for ownership of each property shall be But if such debts are not assigned to a co-
thing held in common among those to compelling reasons that division should be delivered to the co-heir to whom said heir, and should be collected, in whole or in
whom it may belong. The thing itself may ordered, upon petition of one of the co- property has been adjudicated. (1065a) part, the amount collected shall be
be divided, or its value. (n) heirs. (1051a) distributed proportionately among the
Article 1090. When the title comprises two heirs. (1072a)
Article 1080. Should a person make Article 1084. Voluntary heirs upon whom or more pieces of land which have been
partition of his estate by an act inter vivos, some condition has been imposed cannot assigned to two or more co-heirs, or when Article 1096. The obligation of warranty
or by will, such partition shall be respected, demand a partition until the condition has it covers one piece of land which has been among co-heirs shall cease in the following
insofar as it does not prejudice the legitime been fulfilled; but the other co-heirs may divided between two or more co-heirs, the cases:
of the compulsory heirs. demand it by giving sufficient security for title shall be delivered to the one having (1) When the testator himself has made
A parent who, in the interest of his or her the rights which the former may have in the largest interest, and authentic copies of the partition, unless it appears, or it may be
family, desires to keep any agricultural, case the condition should be complied the title shall be furnished to the other co- reasonably presumed, that his intention
industrial, or manufacturing enterprise with, and until it is known that the condition heirs at the expense of the estate. If the was otherwise, but the legitime shall
intact, may avail himself of the right has not been fulfilled or can never be interest of each co-heir should be the always remain unimpaired;
granted him in this article, by ordering that complied with, the partition shall be same, the oldest shall have the title. (2) When it has been so expressly
the legitime of the other children to whom understood to be provisional. (1054a) (1066a) stipulated in the agreement of partition,
the property is not assigned, be paid in unless there has been bad faith;
cash. (1056a) Article 1085. In the partition of the estate, SUBSECTION 2. Effects of Partition (3) When the eviction is due to a cause
equality shall be observed as far as subsequent to the partition, or has been
Article 1081. A person may, by an act inter possible, dividing the property into lots, or Article 1091. A partition legally made caused by the fault of the distributee of the
vivos or mortis causa, intrust the mere assigning to each of the co-heirs things of confers upon each heir the exclusive property. (1070a)
power to make the partition after his death the same nature, quality and kind. (1061) ownership of the property adjudicated to
to any person who is not one of the co- him. (1068)
heirs. Article 1086. Should a thing be indivisible,
The provisions of this and of the preceding or would be much impaired by its being Article 1092. After the partition has been
article shall be observed even should there divided, it may be adjudicated to one of the made, the co-heirs shall be reciprocally
be among the co-heirs a minor or a person heirs, provided he shall pay the others the bound to warrant the title to, and the
subject to guardianship; but the mandatary, excess in cash. quality of, each property adjudicated.
in such case, shall make an inventory of Nevertheless, if any of the heirs should
the property of the estate, after notifying demand that the thing be sold at public Article 1093. The reciprocal obligation of
the co-heirs, the creditors, and the auction and that strangers be allowed to warranty referred to in the preceding article
legatees or devisees. (1057a) bid, this must be done. (1062) shall be proportionate to the respective
hereditary shares of the co-heirs, but if any
Article 1082. Every act which is intended Article 1087. In the partition the co-heirs one of them should be insolvent, the other
to put an end to indivision among co-heirs shall reimburse one another for the income co-heirs shall be liable for his part in the
and legatees or devisees is deemed to be and fruits which each one of them may same proportion, deducting the part
a partition, although it should purport to be have received from any property of the corresponding to the one who should be
a sale, and exchange, a compromise, or estate, for any useful and necessary indemnified.
any other transaction. (n) expenses made upon such property, and Those who pay for the insolvent heir shall
for any damage thereto through malice or have a right of action against him for
neglect. (1063) reimbursement, should his financial
condition improve. (1071)

Article 1094. An action to enforce the

warranty among heirs must be brought
within ten years from the date the right of
action accrues. (n)
SUBSECTION 3. Rescission and Nullity Article 1104. A partition made with
of Partition preterition of any of the compulsory heirs
shall not be rescinded, unless it be proved
Article 1097. A partition may be rescinded that there was bad faith or fraud on the
or annulled for the same causes as part of the other persons interested; but
contracts. (1073a) the latter shall be proportionately obliged to
pay to the person omitted the share which
Article 1098. A partition, judicial or extra- belongs to him. (1080)
judicial, may also be rescinded on account
of lesion, when any one of the co-heirs Article 1105. A partition which includes a
received things whose value is less, by at person believed to be an heir, but who is
least one-fourth, than the share to which not, shall be void only with respect to such
he is entitled, considering the value of the person. (1081a)
things at the time they were adjudicated.

Article 1099. The partition made by the

testator cannot be impugned on the ground
of lesion, except when the legitime of the
compulsory heirs is thereby prejudiced, or
when it appears or may reasonably be
presumed, that the intention of the testator
was otherwise.

Article 1100. The action for rescission on

account of lesion shall prescribe after four
years from the time the partition was
made. (1076)

Article 1101. The heir who is sued shall

have the option of indemnifying the plaintiff
for the loss, or consenting to a new
partition.
Indemnity may be made by payment in
cash or by the delivery of a thing of the
same kind and quality as that awarded to
the plaintiff.
If a new partition is made, it shall affect
neither those who have not been
prejudiced nor those have not received
more than their just share. (1077a)

Article 1102. An heir who has alienated

the whole or a considerable part of the real
property adjudicated to him cannot
maintain an action for rescission on the
ground of lesion, but he shall have a right
to be indemnified in cash. (1078a)

Article 1103. The omission of one or more

objects or securities of the inheritance shall
not cause the rescission of the partition on
the ground of lesion, but the partition shall
be completed by the distribution of the
objects or securities which have been
omitted. (1079a)