TITLE IV obligations existing at the time of his

SUCCESSION death, but also those which have

accrued thereto since the opening of
the succession. (n)
CHAPTER 1
General Provisions Article 782. An heir is a person called
to the succession either by the
Article 774. Succession is a mode of
provision of a will or by operation of law.
acquisition by virtue of which the
property, rights and obligations to the Devisees and legatees are persons to
extent of the value of the inheritance, whom gifts of real and personal
of a person are transmitted through his property are respectively given by
death to another or others either by his virtue of a will. (n)
will or by operation of law. (n)

Article 775. In this Title, "decedent" is CHAPTER 2

the general term applied to the person Testamentary Succession
whose property is transmitted through
succession, whether or not he left a will.
If he left a will, he is also called the SECTION 1
testator. (n) Wills

Article 776. The inheritance includes SUBSECTION 1. Wills in General

all the property, rights and obligations
Article 783. A will is an act whereby a
of a person which are not extinguished
person is permitted, with the formalities
by his death. (659)
prescribed by law, to control to a
Article 777. The rights to the certain degree the disposition of this
succession are transmitted from the estate, to take effect after his death.
moment of the death of the decedent. (667a)
(657a)
Article 784. The making of a will is a
Article 778. Succession may be: strictly personal act; it cannot be left in
whole or in part to the discretion of a
(1) Testamentary;
third person, or accomplished through
(2) Legal or intestate; or the instrumentality of an agent or
attorney. (670a)
(3) Mixed. (n)
Article 785. The duration or efficacy of
Article 779. Testamentary succession
the designation of heirs, devisees or
is that which results from the
legatees, or the determination of the
designation of an heir, made in a will
portions which they are to take, when
executed in the form prescribed by law.
referred to by name, cannot be left to
(n)
the discretion of a third person. (670a)
Article 780. Mixed succession is that
Article 786. The testator may entrust
effected partly by will and partly by
to a third person the distribution of
operation of law. (n)
specific property or sums of money that
Article 781. The inheritance of a he may leave in general to specified
person includes not only the property classes or causes, and also the
and the transmissible rights and designation of the persons, institutions
or establishments to which such Article 791. The words of a will are to
property or sums are to be given or receive an interpretation which will give
applied. (671a) to every expression some effect, rather
than one which will render any of the
Article 787. The testator may not
expressions inoperative; and of two
make a testamentary disposition in
modes of interpreting a will, that is to
such manner that another person has to
be preferred which will prevent
determine whether or not it is to be
intestacy. (n)
operative. (n)
Article 792. The invalidity of one of
Article 788. If a testamentary
several dispositions contained in a will
disposition admits of different
does not result in the invalidity of the
interpretations, in case of doubt, that
other dispositions, unless it is to be
interpretation by which the disposition
presumed that the testator would not
is to be operative shall be preferred. (n)
have made such other dispositions if
Article 789. When there is an the first invalid disposition had not been
imperfect description, or when no made. (n)
person or property exactly answers the
Article 793. Property acquired after
description, mistakes and omissions
the making of a will shall only pass
must be corrected, if the error appears
thereby, as if the testator had
from the context of the will or from
possessed it at the time of making the
extrinsic evidence, excluding the oral
will, should it expressly appear by the
declarations of the testator as to his
will that such was his intention. (n)
intention; and when an uncertainty
arises upon the face of the will, as to Article 794. Every devise or legacy
the application of any of its provisions, shall cover all the interest which the
the testator's intention is to be testator could device or bequeath in the
ascertained from the words of the will, property disposed of, unless it clearly
taking into consideration the appears from the will that he intended
circumstances under which it was to convey a less interest. (n)
made, excluding such oral declarations.
Article 795. The validity of a will as to
(n)
its form depends upon the observance
Article 790. The words of a will are to of the law in force at the time it is
be taken in their ordinary and made. (n)
grammatical sense, unless a clear
SUBSECTION 2. Testamentary
intention to use them in another sense
Capacity and Intent
can be gathered, and that other can be
ascertained. Article 796. All persons who are not
expressly prohibited by law may make a
Technical words in a will are to be taken
will. (662)
in their technical sense, unless the
context clearly indicates a contrary Article 797. Persons of either sex
intention, or unless it satisfactorily under eighteen years of age cannot
appears that the will was drawn solely make a will. (n)
by the testator, and that he was
Article 798. In order to make a will it is
unacquainted with such technical
essential that the testator be of sound
sense. (675a)
mind at the time of its execution. (n)
Article 799. To be of sound mind, it is Article 805. Every will, other than a
not necessary that the testator be in full holographic will, must be subscribed at
possession of all his reasoning faculties, the end thereof by the testator himself
or that his mind be wholly unbroken, or by the testator's name written by
unimpaired, or unshattered by disease, some other person in his presence, and
injury or other cause. by his express direction, and attested
and subscribed by three or more
It shall be sufficient if the testator was
credible witnesses in the presence of
able at the time of making the will to
the testator and of one another.
know the nature of the estate to be
disposed of, the proper objects of his The testator or the person requested by
bounty, and the character of the him to write his name and the
testamentary act. (n) instrumental witnesses of the will, shall
also sign, as aforesaid, each and every
Article 800. The law presumes that
page thereof, except the last, on the left
every person is of sound mind, in the
margin, and all the pages shall be
absence of proof to the contrary.
numbered correlatively in letters placed
The burden of proof that the testator on the upper part of each page.
was not of sound mind at the time of
The attestation shall state the number
making his dispositions is on the person
of pages used upon which the will is
who opposes the probate of the will; but
written, and the fact that the testator
if the testator, one month, or less,
signed the will and every page thereof,
before making his will was publicly
or caused some other person to write
known to be insane, the person who
his name, under his express direction,
maintains the validity of the will must
in the presence of the instrumental
prove that the testator made it during a
witnesses, and that the latter witnessed
lucid interval. (n)
and signed the will and all the pages
Article 801. Supervening incapacity thereof in the presence of the testator
does not invalidate an effective will, nor and of one another.
is the will of an incapable validated by
If the attestation clause is in a language
the supervening of capacity. (n)
not known to the witnesses, it shall be
Article 802. A married woman may interpreted to them. (n)
make a will without the consent of her
Article 806. Every will must be
husband, and without the authority of
acknowledged before a notary public by
the court. (n)
the testator and the witnesses. The
Article 803. A married woman may notary public shall not be required to
dispose by will of all her separate retain a copy of the will, or file another
property as well as her share of the with the office of the Clerk of Court.(n)
conjugal partnership or absolute
Article 807. If the testator be deaf, or
community property. (n)
a deaf-mute, he must personally read
SUBSECTION 3. Forms of Wills the will, if able to do so; otherwise, he
shall designate two persons to read it
Article 804. Every will must be in
and communicate to him, in some
writing and executed in a language or
practicable manner, the contents
dialect known to the testator. (n)
thereof. (n)
Article 808. If the testator is blind, the the last disposition has a signature and
will shall be read to him twice; once, by a date, such date validates the
one of the subscribing witnesses, and dispositions preceding it, whatever be
again, by the notary public before the time of prior dispositions. (n)
whom the will is acknowledged. (n)
Article 814. In case of any insertion,
Article 809. In the absence of bad cancellation, erasure or alteration in a
faith, forgery, or fraud, or undue and holographic will, the testator must
improper pressure and influence, authenticate the same by his full
defects and imperfections in the form of signature. (n)
attestation or in the language used
Article 815. When a Filipino is in a
therein shall not render the will invalid if
foreign country, he is authorized to
it is proved that the will was in fact
make a will in any of the forms
executed and attested in substantial
established by the law of the country in
compliance with all the requirements of
which he may be. Such will may be
article 805. (n)
probated in the Philippines. (n)
Article 810. A person may execute a
Article 816. The will of an alien who is
holographic will which must be entirely
abroad produces effect in the
written, dated, and signed by the hand
Philippines if made with the formalities
of the testator himself. It is subject to
prescribed by the law of the place in
no other form, and may be made in or
which he resides, or according to the
out of the Philippines, and need not be
formalities observed in his country, or in
witnessed. (678, 688a)
conformity with those which this Code
Article 811. In the probate of a prescribes. (n)
holographic will, it shall be necessary
Article 817. A will made in the
that at least one witness who knows the
Philippines by a citizen or subject of
handwriting and signature of the
another country, which is executed in
testator explicitly declare that the will
accordance with the law of the country
and the signature are in the handwriting
of which he is a citizen or subject, and
of the testator. If the will is contested,
which might be proved and allowed by
at least three of such witnesses shall be
the law of his own country, shall have
required.
the same effect as if executed
In the absence of any competent according to the laws of the Philippines.
witness referred to in the preceding (n)
paragraph, and if the court deem it
Article 818. Two or more persons
necessary, expert testimony may be
cannot make a will jointly, or in the
resorted to. (619a)
same instrument, either for their
Article 812. In holographic wills, the reciprocal benefit or for the benefit of a
dispositions of the testator written third person. (669)
below his signature must be dated and
Article 819. Wills, prohibited by the
signed by him in order to make them
preceding article, executed by Filipinos
valid as testamentary dispositions. (n)
in a foreign country shall not be valid in
Article 813. When a number of the Philippines, even though authorized
dispositions appearing in a holographic by the laws of the country where they
will are signed without being dated, and may have been executed. (733a)
SUBSECTION 4. - Witnesses to Wills Article 825. A codicil is supplement or
addition to a will, made after the
Article 820. Any person of sound mind
execution of a will and annexed to be
and of the age of eighteen years or
taken as a part thereof, by which
more, and not blind, deaf or dumb, and
disposition made in the original will is
able to read and write, may be a
explained, added to, or altered. (n)
witness to the execution of a will
mentioned in article 805 of this Code. Article 826. In order that a codicil may
(n) be effective, it shall be executed as in
the case of a will. (n)
Article 821. The following are
disqualified from being witnesses to a Article 827. If a will, executed as
will: required by this Code, incorporates into
itself by reference any document or
(1) Any person not domiciled in the
paper, such document or paper shall
Philippines;
not be considered a part of the will
(2) Those who have been convicted of unless the following requisites are
falsification of a document, perjury or present:
false testimony. (n)
(1) The document or paper referred to
Article 822. If the witnesses attesting in the will must be in existence at the
the execution of a will are competent at time of the execution of the will;
the time of attesting, their becoming
(2) The will must clearly describe and
subsequently incompetent shall not
identify the same, stating among other
prevent the allowance of the will. (n)
things the number of pages thereof;
Article 823. If a person attests the
(3) It must be identified by clear and
execution of a will, to whom or to whose
satisfactory proof as the document or
spouse, or parent, or child, a devise or
paper referred to therein; and
legacy is given by such will, such devise
or legacy shall, so far only as concerns (4) It must be signed by the testator
such person, or spouse, or parent, or and the witnesses on each and every
child of such person, or any one page, except in case of voluminous
claiming under such person or spouse, books of account or inventories. (n)
or parent, or child, be void, unless there
SUBSECTION 6. Revocation of Wills
are three other competent witnesses to
and Testamentary Dispositions
such will. However, such person so
attesting shall be admitted as a witness Article 828. A will may be revoked by
as if such devise or legacy had not been the testator at any time before his
made or given. (n) death. Any waiver or restriction of this
right is void. (737a)
Article 824. A mere charge on the
estate of the testator for the payment Article 829. A revocation done outside
of debts due at the time of the the Philippines, by a person who does
testator's death does not prevent his not have his domicile in this country, is
creditors from being competent valid when it is done according to the
witnesses to his will. (n) law of the place where the will was
made, or according to the law of the
SUBSECTION 5. Codicils and
place in which the testator had his
Incorporation by Reference
domicile at the time; and if the
revocation takes place in this country, SUBSECTION 7. Republication and
when it is in accordance with the Revival of Wills
provisions of this Code. (n)
Article 835. The testator cannot
Article 830. No will shall be revoked republish, without reproducing in a
except in the following cases: subsequent will, the dispositions
contained in a previous one which is
(1) By implication of law; or
void as to its form. (n)
(2) By some will, codicil, or other writing
Article 836. The execution of a codicil
executed as provided in case of wills; or
referring to a previous will has the
(3) By burning, tearing, cancelling, or effect of republishing the will as
obliterating the will with the intention of modified by the codicil. (n)
revoking it, by the testator himself, or
Article 837. If after making a will, the
by some other person in his presence,
testator makes a second will expressly
and by his express direction. If burned,
revoking the first, the revocation of the
torn, cancelled, or obliterated by some
second will does not revive the first will,
other person, without the express
which can be revived only by another
direction of the testator, the will may
will or codicil. (739a)
still be established, and the estate
distributed in accordance therewith, if SUBSECTION 8. Allowance and
its contents, and due execution, and the Disallowance of Wills
fact of its unauthorized destruction,
Article 838. No will shall pass either
cancellation, or obliteration are
real or personal property unless it is
established according to the Rules of
proved and allowed in accordance with
Court. (n)
the Rules of Court.
Article 831. Subsequent wills which do
The testator himself may, during his
not revoke the previous ones in an
lifetime, petition the court having
express manner, annul only such
jurisdiction for the allowance of his will.
dispositions in the prior wills as are
In such case, the pertinent provisions of
inconsistent with or contrary to those
the Rules of Court for the allowance of
contained in the later wills. (n)
wills after the testator's a death shall
Article 832. A revocation made in a govern.
subsequent will shall take effect, even if
The Supreme Court shall formulate such
the new will should become inoperative
additional Rules of Court as may be
by reason of the incapacity of the heirs,
necessary for the allowance of wills on
devisees or legatees designated
petition of the testator.
therein, or by their renunciation. (740a)
Subject to the right of appeal, the
Article 833. A revocation of a will
allowance of the will, either during the
based on a false cause or an illegal
lifetime of the testator or after his
cause is null and void. (n)
death, shall be conclusive as to its due
Article 834. The recognition of an execution. (n)
illegitimate child does not lose its legal
Article 839. The will shall be
effect, even though the will wherein it
disallowed in any of the following cases:
was made should be revoked. (741)
(1) If the formalities required by law all his estate or any part of it in favor of
have not been complied with; any person having capacity to succeed.

(2) If the testator was insane, or One who has compulsory heirs may
otherwise mentally incapable of making dispose of his estate provided he does
a will, at the time of its execution; not contravene the provisions of this
Code with regard to the legitime of said
(3) If it was executed through force or
heirs. (763a)
under duress, or the influence of fear,
or threats; Article 843. The testator shall
designate the heir by his name and
(4) If it was procured by undue and
surname, and when there are two
improper pressure and influence, on the
persons having the same names, he
part of the beneficiary or of some other
shall indicate some circumstance by
person;
which the instituted heir may be known.
(5) If the signature of the testator was
Even though the testator may have
procured by fraud;
omitted the name of the heir, should he
(6) If the testator acted by mistake or designate him in such manner that
did not intend that the instrument he there can be no doubt as to who has
signed should be his will at the time of been instituted, the institution shall be
affixing his signature thereto. (n) valid. (772)

Article 844. An error in the name,

surname, or circumstances of the heir
SECTION 2
shall not vitiate the institution when it is
Institution of Heir
possible, in any other manner, to know
Article 840. Institution of heir is an act with certainty the person instituted.
by virtue of which a testator designates
If among persons having the same
in his will the person or persons who are
names and surnames, there is a
to succeed him in his property and
similarity of circumstances in such a
transmissible rights and obligations. (n)
way that, even with the use of other
Article 841. A will shall be valid even proof, the person instituted cannot be
though it should not contain an identified, none of them shall be an
institution of an heir, or such institution heir. (773a)
should not comprise the entire estate,
Article 845. Every disposition in favor
and even though the person so
of an unknown person shall be void,
instituted should not accept the
unless by some event or circumstance
inheritance or should be incapacitated
his identity becomes certain. However,
to succeed.
a disposition in favor of a definite class
In such cases the testamentary or group of persons shall be valid.
dispositions made in accordance with (750a)
law shall be complied with and the
Article 846. Heirs instituted without
remainder of the estate shall pass to
designation of shares shall inherit in
the legal heirs. (764)
equal parts. (765)
Article 842. One who has no
Article 847. When the testator
compulsory heirs may dispose by will of
institutes some heirs individually and
others collectively as when he says, "I inheritance, or the whole free portion,
designate as my heirs A and B, and the each part shall be increased
children of C," those collectively proportionally. (n)
designated shall be considered as
Article 853. If each of the instituted
individually instituted, unless it clearly
heirs has been given an aliquot part of
appears that the intention of the
the inheritance, and the parts together
testator was otherwise. (769a)
exceed the whole inheritance, or the
Article 848. If the testator should whole free portion, as the case may be,
institute his brothers and sisters, and he each part shall be reduced
has some of full blood and others of half proportionally. (n)
blood, the inheritance shall be
Article 854. The preterition or
distributed equally unless a different
omission of one, some, or all of the
intention appears. (770a)
compulsory heirs in the direct line,
Article 849. When the testator calls to whether living at the time of the
the succession a person and his execution of the will or born after the
children they are all deemed to have death of the testator, shall annul the
been instituted simultaneously and not institution of heir; but the devises and
successively. (771) legacies shall be valid insofar as they
are not inofficious.
Article 850. The statement of a false
cause for the institution of an heir shall If the omitted compulsory heirs should
be considered as not written, unless it die before the testator, the institution
appears from the will that the testator shall be effectual, without prejudice to
would not have made such institution if the right of representation. (814a)
he had known the falsity of such cause.
Article 855. The share of a child or
(767a)
descendant omitted in a will must first
Article 851. If the testator has be taken from the part of the estate not
instituted only one heir, and the disposed of by the will, if any; if that is
institution is limited to an aliquot part of not sufficient, so much as may be
the inheritance, legal succession takes necessary must be taken proportionally
place with respect to the remainder of from the shares of the other compulsory
the estate. heirs. (1080a)

The same rule applies if the testator Article 856. A voluntary heir who dies
has instituted several heirs, each being before the testator transmits nothing to
limited to an aliquot part, and all the his heirs.
parts do not cover the whole
A compulsory heir who dies before the
inheritance. (n)
testator, a person incapacitated to
Article 852. If it was the intention of succeed, and one who renounces the
the testator that the instituted heirs inheritance, shall transmit no right to
should become sole heirs to the whole his own heirs except in cases expressly
estate, or the whole free portion, as the provided for in this Code. (766a)
case may be, and each of them has
been instituted to an aliquot part of the
inheritance and their aliquot parts SECTION 3
together do not cover the whole Substitution of Heirs
Article 857. Substitution is the conditions are personally applicable
appointment of another heir so that he only to the heir instituted. (780)
may enter into the inheritance in
Article 863. A fideicommissary
default of the heir originally instituted.
substitution by virtue of which the
(n)
fiduciary or first heir instituted is
Article 858. Substitution of heirs may entrusted with the obligation to
be: preserve and to transmit to a second
heir the whole or part of the
(1) Simple or common;
inheritance, shall be valid and shall take
(2) Brief or compendious; effect, provided such substitution does
not go beyond one degree from the heir
(3) Reciprocal; or
originally instituted, and provided
(4) Fideicommissary. (n) further, that the fiduciary or first heir
and the second heir are living at the
Article 859. The testator may
time of the death of the testator. (781a)
designate one or more persons to
substitute the heir or heirs instituted in Article 864. A fideicommissary
case such heir or heirs should die substitution can never burden the
before him, or should not wish, or legitime. (782a)
should be incapacitated to accept the
Article 865. Every fideicommissary
inheritance.
substitution must be expressly made in
A simple substitution, without a order that it may be valid.
statement of the cases to which it
The fiduciary shall be obliged to deliver
refers, shall comprise the three
the inheritance to the second heir,
mentioned in the preceding paragraph,
without other deductions than those
unless the testator has otherwise
which arise from legitimate expenses,
provided. (774)
credits and improvements, save in the
Article 860. Two or more persons may case where the testator has provided
be substituted for one; and one person otherwise. (783)
for two or more heirs. (778)
Article 866. The second heir shall
Article 861. If heirs instituted in acquire a right to the succession from
unequal shares should be reciprocally the time of the testator's death, even
substituted, the substitute shall acquire though he should die before the
the share of the heir who dies, fiduciary. The right of the second heir
renounces, or is incapacitated, unless it shall pass to his heirs. (784)
clearly appears that the intention of the
Article 867. The following shall not
testator was otherwise. If there are
take effect:
more than one substitute, they shall
have the same share in the substitution (1) Fideicommissary substitutions which
as in the institution. (779a) are not made in an express manner,
either by giving them this name, or
Article 862. The substitute shall be
imposing upon the fiduciary the
subject to the same charges and
absolute obligation to deliver the
conditions imposed upon the instituted
property to a second heir;
heir, unless and testator has expressly
provided the contrary, or the charges or
(2) Provisions which contain a perpetual substitution whatsoever upon the
prohibition to alienate, and even a legitimes prescribed in this Code.
temporary one, beyond the limit fixed in Should he do so, the same shall be
article 863; considered as not imposed. (813a)

(3) Those which impose upon the heir Article 873. Impossible conditions and
the charge of paying to various persons those contrary to law or good customs
successively, beyond the limit shall be considered as not imposed and
prescribed in article 863, a certain shall in no manner prejudice the heir,
income or pension; even if the testator should otherwise
provide. (792a)
(4) Those which leave to a person the
whole or part of the hereditary property Article 874. An absolute condition not
in order that he may apply or invest the to contract a first or subsequent
same according to secret instructions marriage shall be considered as not
communicated to him by the testator. written unless such condition has been
(785a) imposed on the widow or widower by
the deceased spouse, or by the latter's
Article 868. The nullity of the
ascendants or descendants.
fideicommissary substitution does not
prejudice the validity of the institution Nevertheless, the right of usufruct, or
of the heirs first designated; the an allowance or some personal
fideicommissary clause shall simply be prestation may be devised or
considered as not written. (786) bequeathed to any person for the time
during which he or she should remain
Article 869. A provision whereby the
unmarried or in widowhood. (793a)
testator leaves to a person the whole or
part of the inheritance, and to another Article 875. Any disposition made
the usufruct, shall be valid. If he gives upon the condition that the heir shall
the usufruct to various persons, not make some provision in his will in favor
simultaneously, but successively, the of the testator or of any other person
provisions of article 863 shall apply. shall be void. (794a)
(787a)
Article 876. Any purely potestative
Article 870. The dispositions of the condition imposed upon an heir must be
testator declaring all or part of the fulfilled by him as soon as he learns of
estate inalienable for more than twenty the testator's death.
years are void. (n)
This rule shall not apply when the
condition, already complied with,
cannot be fulfilled again. (795a)
SECTION 4
Conditional Testamentary Article 877. If the condition is casual
Dispositions and Testamentary or mixed, it shall be sufficient if it
Dispositions With a Term happen or be fulfilled at any time before
or after the death of the testator, unless
Article 871. The institution of an heir
he has provided otherwise.
may be made conditionally, or for a
certain purpose or cause. (790a) Should it have existed or should it have
been fulfilled at the time the will was
Article 872. The testator cannot
executed and the testator was unaware
impose any charge, condition, or
thereof, it shall be deemed as complied unless it appears that such was his
with. intention.

If he had knowledge thereof, the That which has been left in this manner
condition shall be considered fulfilled may be claimed at once provided that
only when it is of such a nature that it the instituted heir or his heirs give
can no longer exist or be complied with security for compliance with the wishes
again. (796) of the testator and for the return of
anything he or they may receive,
Article 878. A disposition with a
together with its fruits and interests, if
suspensive term does not prevent the
he or they should disregard this
instituted heir from acquiring his rights
obligation. (797a)
and transmitting them to his heirs even
before the arrival of the term. (799a) Article 883. When without the fault of
the heir, an institution referred to in the
Article 879. If the potestative
preceding article cannot take effect in
condition imposed upon the heir is
the exact manner stated by the
negative, or consists in not doing or not
testator, it shall be complied with in a
giving something, he shall comply by
manner most analogous to and in
giving a security that he will not do or
conformity with his wishes.
give that which has been prohibited by
the testator, and that in case of If the person interested in the condition
contravention he will return whatever should prevent its fulfillment, without
he may have received, together with its the fault of the heir, the condition shall
fruits and interests. (800a) be deemed to have been complied with.
(798a)
Article 880. If the heir be instituted
under a suspensive condition or term, Article 884. Conditions imposed by the
the estate shall be placed under testator upon the heirs shall be
administration until the condition is governed by the rules established for
fulfilled, or until it becomes certain that conditional obligations in all matters not
it cannot be fulfilled, or until the arrival provided for by this Section. (791a)
of the term.
Article 885. The designation of the day
The same shall be done if the heir does or time when the effects of the
not give the security required in the institution of an heir shall commence or
preceding article. (801a) cease shall be valid.

Article 881. The appointment of the In both cases, the legal heir shall be
administrator of the estate mentioned considered as called to the succession
in the preceding article, as well as the until the arrival of the period or its
manner of the administration and the expiration. But in the first case he shall
rights and obligations of the not enter into possession of the
administrator shall be governed by the property until after having given
Rules of Court. (804a) sufficient security, with the intervention
of the instituted heir. (805)
Article 882. The statement of the
object of the institution, or the
application of the property left by the
SECTION 5
testator, or the charge imposed by him,
Legitime
shall not be considered as a condition
Article 886. Legitime is that part of the half of the hereditary estates of their
testator's property which he cannot children and descendants.
dispose of because the law has
The children or descendants may freely
reserved it for certain heirs who are,
dispose of the other half, subject to the
therefore, called compulsory heirs.
rights of illegitimate children and of the
(806)
surviving spouse as hereinafter
Article 887. The following are provided. (809a)
compulsory heirs:
Article 890. The legitime reserved for
(1) Legitimate children and the legitimate parents shall be divided
descendants, with respect to their between them equally; if one of the
legitimate parents and ascendants; parents should have died, the whole
shall pass to the survivor.
(2) In default of the foregoing,
legitimate parents and ascendants, with If the testator leaves neither father nor
respect to their legitimate children and mother, but is survived by ascendants
descendants; of equal degree of the paternal and
maternal lines, the legitime shall be
(3) The widow or widower;
divided equally between both lines. If
(4) Acknowledged natural children, and the ascendants should be of different
natural children by legal fiction; degrees, it shall pertain entirely to the
ones nearest in degree of either line.
(5) Other illegitimate children referred
(810)
to in article 287.
Article 891. The ascendant who
Compulsory heirs mentioned in Nos. 3,
inherits from his descendant any
4, and 5 are not excluded by those in
property which the latter may have
Nos. 1 and 2; neither do they exclude
acquired by gratuitous title from
one another.
another ascendant, or a brother or
In all cases of illegitimate children, their sister, is obliged to reserve such
filiation must be duly proved. property as he may have acquired by
operation of law for the benefit of
The father or mother of illegitimate
relatives who are within the third
children of the three classes mentioned,
degree and who belong to the line from
shall inherit from them in the manner
which said property came. (871)
and to the extent established by this
Code. (807a) Article 892. If only one legitimate child
or descendant of the deceased
Article 888. The legitime of legitimate
survives, the widow or widower shall be
children and descendants consists of
entitled to one-fourth of the hereditary
one-half of the hereditary estate of the
estate. In case of a legal separation, the
father and of the mother.
surviving spouse may inherit if it was
The latter may freely dispose of the the deceased who had given cause for
remaining half, subject to the rights of the same.
illegitimate children and of the surviving
If there are two or more legitimate
spouse as hereinafter provided. (808a)
children or descendants, the surviving
Article 889. The legitime of legitimate spouse shall be entitled to a portion
parents or ascendants consists of one-
equal to the legitime of each of the ascendants of the deceased shall be
legitimate children or descendants. entitled to one-fourth of the hereditary
estate to be taken from the portion at
In both cases, the legitime of the
the free disposal of the testator. (841a)
surviving spouse shall be taken from
the portion that can be freely disposed Article 897. When the widow or
of by the testator. (834a) widower survives with legitimate
children or descendants, and
Article 893. If the testator leaves no
acknowledged natural children, or
legitimate descendants, but leaves
natural children by legal fiction, such
legitimate ascendants, the surviving
surviving spouse shall be entitled to a
spouse shall have a right to one-fourth
portion equal to the legitime of each of
of the hereditary estate.
the legitimate children which must be
This fourth shall be taken from the free taken from that part of the estate which
portion of the estate. (836a) the testator can freely dispose of. (n)

Article 894. If the testator leaves Article 898. If the widow or widower
illegitimate children, the surviving survives with legitimate children or
spouse shall be entitled to one-third of descendants, and with illegitimate
the hereditary estate of the deceased children other than acknowledged
and the illegitimate children to another natural, or natural children by legal
third. The remaining third shall be at fiction, the share of the surviving
the free disposal of the testator. (n) spouse shall be the same as that
provided in the preceding article. (n)
Article 895. The legitime of each of
the acknowledged natural children and Article 899. When the widow or
each of the natural children by legal widower survives with legitimate
fiction shall consist of one-half of the parents or ascendants and with
legitime of each of the legitimate illegitimate children, such surviving
children or descendants. spouse shall be entitled to one-eighth of
the hereditary estate of the deceased
The legitime of an illegitimate child who
which must be taken from the free
is neither an acknowledged natural, nor
portion, and the illegitimate children
a natural child by legal fiction, shall be
shall be entitled to one-fourth of the
equal in every case to four-fifths of the
estate which shall be taken also from
legitime of an acknowledged natural
the disposable portion. The testator
child.
may freely dispose of the remaining
The legitime of the illegitimate children one-eighth of the estate. (n)
shall be taken from the portion of the
Article 900. If the only survivor is the
estate at the free disposal of the
widow or widower, she or he shall be
testator, provided that in no case shall
entitled to one-half of the hereditary
the total legitime of such illegitimate
estate of the deceased spouse, and the
children exceed that free portion, and
testator may freely dispose of the other
that the legitime of the surviving
half. (837a)
spouse must first be fully satisfied.
(840a) If the marriage between the surviving
spouse and the testator was solemnized
Article 896. Illegitimate children who
in articulo mortis, and the testator died
may survive with legitimate parents or
within three months from the time of
the marriage, the legitime of the substitution of any kind whatsoever.
surviving spouse as the sole heir shall (813a)
be one-third of the hereditary estate,
Article 905. Every renunciation or
except when they have been living as
compromise as regards a future
husband and wife for more than five
legitime between the person owing it
years. In the latter case, the legitime of
and his compulsory heirs is void, and
the surviving spouse shall be that
the latter may claim the same upon the
specified in the preceding paragraph.
death of the former; but they must
(n)
bring to collation whatever they may
Article 901. When the testator dies have received by virtue of the
leaving illegitimate children and no renunciation or compromise. (816)
other compulsory heirs, such
Article 906. Any compulsory heir to
illegitimate children shall have a right to
whom the testator has left by any title
one-half of the hereditary estate of the
less than the legitime belonging to him
deceased.
may demand that the same be fully
The other half shall be at the free satisfied. (815)
disposal of the testator. (842a)
Article 907. Testamentary dispositions
Article 902. The rights of illegitimate that impair or diminish the legitime of
children set forth in the preceding the compulsory heirs shall be reduced
articles are transmitted upon their on petition of the same, insofar as they
death to their descendants, whether may be inofficious or excessive. (817)
legitimate or illegitimate. (843a)
Article 908. To determine the legitime,
Article 903. The legitime of the the value of the property left at the
parents who have an illegitimate child, death of the testator shall be
when such child leaves neither considered, deducting all debts and
legitimate descendants, nor a surviving charges, which shall not include those
spouse, nor illegitimate children, is one- imposed in the will.
half of the hereditary estate of such
To the net value of the hereditary
illegitimate child. If only legitimate or
estate, shall be added the value of all
illegitimate children are left, the parents
donations by the testator that are
are not entitled to any legitime
subject to collation, at the time he
whatsoever. If only the widow or
made them. (818a)
widower survives with parents of the
illegitimate child, the legitime of the Article 909. Donations given to
parents is one-fourth of the hereditary children shall be charged to their
estate of the child, and that of the legitime.
surviving spouse also one-fourth of the
Donations made to strangers shall be
estate. (n)
charged to that part of the estate of
Article 904. The testator cannot which the testator could have disposed
deprive his compulsory heirs of their by his last will.
legitime, except in cases expressly
Insofar as they may be inofficious or
specified by law.
may exceed the disposable portion,
Neither can he impose upon the same they shall be reduced according to the
any burden, encumbrance, condition, or rules established by this Code. (819a)
Article 910. Donations which an cash for what respectively belongs to
illegitimate child may have received them.
during the lifetime of his father or
The devisee who is entitled to a
mother, shall be charged to his
legitime may retain the entire property,
legitime.
provided its value does not exceed that
Should they exceed the portion that can of the disposable portion and of the
be freely disposed of, they shall be share pertaining to him as legitime.
reduced in the manner prescribed by (821)
this Code. (847a)
Article 913. If the heirs or devisees do
Article 911. After the legitime has not choose to avail themselves of the
been determined in accordance with right granted by the preceding article,
the three preceding articles, the any heir or devisee who did not have
reduction shall be made as follows: such right may exercise it; should the
latter not make use of it, the property
(1) Donations shall be respected as long
shall be sold at public auction at the
as the legitime can be covered,
instance of any one of the interested
reducing or annulling, if necessary, the
parties. (822)
devises or legacies made in the will;
Article 914. The testator may devise
(2) The reduction of the devises or
and bequeath the free portion as he
legacies shall be pro rata, without any
may deem fit. (n)
distinction whatever.

If the testator has directed that a

certain devise or legacy be paid in SECTION 6
preference to others, it shall not suffer Disinheritance
any reduction until the latter have been
Article 915. A compulsory heir may, in
applied in full to the payment of the
consequence of disinheritance, be
legitime.
deprived of his legitime, for causes
(3) If the devise or legacy consists of a expressly stated by law. (848a)
usufruct or life annuity, whose value
Article 916. Disinheritance can be
may be considered greater than that of
effected only through a will wherein the
the disposable portion, the compulsory
legal cause therefor shall be specified.
heirs may choose between complying
(849)
with the testamentary provision and
delivering to the devisee or legatee the Article 917. The burden of proving the
part of the inheritance of which the truth of the cause for disinheritance
testator could freely dispose. (820a) shall rest upon the other heirs of the
testator, if the disinherited heir should
Article 912. If the devise subject to
deny it. (850)
reduction should consist of real
property, which cannot be conveniently Article 918. Disinheritance without a
divided, it shall go to the devisee if the specification of the cause, or for a
reduction does not absorb one-half of cause the truth of which, if
its value; and in a contrary case, to the contradicted, is not proved, or which is
compulsory heirs; but the former and not one of those set forth in this Code,
the latter shall reimburse each other in shall annul the institution of heirs
insofar as it may prejudice the person
disinherited; but the devises and (1) When the parents have abandoned
legacies and other testamentary their children or induced their
dispositions shall be valid to such daughters to live a corrupt or immoral
extent as will not impair the legitime. life, or attempted against their virtue;
(851a)
(2) When the parent or ascendant has
Article 919. The following shall be been convicted of an attempt against
sufficient causes for the disinheritance the life of the testator, his or her
of children and descendants, legitimate spouse, descendants, or ascendants;
as well as illegitimate:
(3) When the parent or ascendant has
(1) When a child or descendant has accused the testator of a crime for
been found guilty of an attempt against which the law prescribes imprisonment
the life of the testator, his or her for six years or more, if the accusation
spouse, descendants, or ascendants; has been found to be false;

(2) When a child or descendant has (4) When the parent or ascendant has
accused the testator of a crime for been convicted of adultery or
which the law prescribes imprisonment concubinage with the spouse of the
for six years or more, if the accusation testator;
has been found groundless;
(5) When the parent or ascendant by
(3) When a child or descendant has fraud, violence, intimidation, or undue
been convicted of adultery or influence causes the testator to make a
concubinage with the spouse of the will or to change one already made;
testator;
(6) The loss of parental authority for
(4) When a child or descendant by causes specified in this Code;
fraud, violence, intimidation, or undue
(7) The refusal to support the children
influence causes the testator to make a
or descendants without justifiable
will or to change one already made;
cause;
(5) A refusal without justifiable cause to
(8) An attempt by one of the parents
support the parent or ascendant who
against the life of the other, unless
disinherits such child or descendant;
there has been a reconciliation between
(6) Maltreatment of the testator by them. (756, 854, 674a)
word or deed, by the child or
Article 921. The following shall be
descendant;
sufficient causes for disinheriting a
(7) When a child or descendant leads a spouse:
dishonorable or disgraceful life;
(1) When the spouse has been
(8) Conviction of a crime which carries convicted of an attempt against the life
with it the penalty of civil interdiction. of the testator, his or her descendants,
(756, 853, 674a) or ascendants;

Article 920. The following shall be (2) When the spouse has accused the
sufficient causes for the disinheritance testator of a crime for which the law
of parents or ascendants, whether prescribes imprisonment of six years or
legitimate or illegitimate: more, and the accusation has been
found to be false;
(3) When the spouse by fraud, violence, Article 926. When the testator charges
intimidation, or undue influence cause one of the heirs with a legacy or devise,
the testator to make a will or to change he alone shall be bound.
one already made;
Should he not charge anyone in
(4) When the spouse has given cause particular, all shall be liable in the same
for legal separation; proportion in which they may inherit.
(859)
(5) When the spouse has given grounds
for the loss of parental authority; Article 927. If two or more heirs take
possession of the estate, they shall be
(6) Unjustifiable refusal to support the
solidarily liable for the loss or
children or the other spouse. (756, 855,
destruction of a thing devised or
674a)
bequeathed, even though only one of
Article 922. A subsequent them should have been negligent. (n)
reconciliation between the offender and
Article 928. The heir who is bound to
the offended person deprives the latter
deliver the legacy or devise shall be
of the right to disinherit, and renders
liable in case of eviction, if the thing is
ineffectual any disinheritance that may
indeterminate and is indicated only by
have been made. (856)
its kind. (860)
Article 923. The children and
Article 929. If the testator, heir, or
descendants of the person disinherited
legatee owns only a part of, or an
shall take his or her place and shall
interest in the thing bequeathed, the
preserve the rights of compulsory heirs
legacy or devise shall be understood
with respect to the legitime; but the
limited to such part or interest, unless
disinherited parent shall not have the
the testator expressly declares that he
usufruct or administration of the
gives the thing in its entirety. (864a)
property which constitutes the legitime.
(857) Article 930. The legacy or devise of a
thing belonging to another person is
void, if the testator erroneously
SECTION 7 believed that the thing pertained to
Legacies and Devises him. But if the thing bequeathed,
though not belonging to the testator
Article 924. All things and rights which
when he made the will, afterwards
are within the commerce of man be
becomes his, by whatever title, the
bequeathed or devised. (865a)
disposition shall take effect. (862a)
Article 925. A testator may charge
Article 931. If the testator orders that
with legacies and devises not only his
a thing belonging to another be
compulsory heirs but also the legatees
acquired in order that it be given to a
and devisees.
legatee or devisee, the heir upon whom
The latter shall be liable for the charge the obligation is imposed or the estate
only to the extent of the value of the must acquire it and give the same to
legacy or the devise received by them. the legatee or devisee; but if the owner
The compulsory heirs shall not be liable of the thing refuses to alienate the
for the charge beyond the amount of same, or demands an excessive price
the free portion given them. (858a) therefor, the heir or the estate shall
only be obliged to give the just value of existing at the time of the death of the
the thing. (861a) testator.

Article 932. The legacy or devise of a In the first case, the estate shall comply
thing which at the time of the execution with the legacy by assigning to the
of the will already belonged to the legatee all rights of action it may have
legatee or devisee shall be ineffective, against the debtor. In the second case,
even though another person may have by giving the legatee an acquittance,
some interest therein. should he request one.

If the testator expressly orders that the In both cases, the legacy shall comprise
thing be freed from such interest or all interests on the credit or debt which
encumbrance, the legacy or devise shall may be due the testator at the time of
be valid to that extent. (866a) his death. (870a)

Article 933. If the thing bequeathed Article 936. The legacy referred to in
belonged to the legatee or devisee at the preceding article shall lapse if the
the time of the execution of the will, the testator, after having made it, should
legacy or devise shall be without effect, bring an action against the debtor for
even though it may have subsequently the payment of his debt, even if such
alienated by him. payment should not have been effected
at the time of his death.
If the legatee or devisee acquires it
gratuitously after such time, he can The legacy to the debtor of the thing
claim nothing by virtue of the legacy or pledged by him is understood to
devise; but if it has been acquired by discharge only the right of pledge. (871)
onerous title he can demand
Article 937. A generic legacy of
reimbursement from the heir or the
release or remission of debts comprises
estate. (878a)
those existing at the time of the
Article 934. If the testator should execution of the will, but not
bequeath or devise something pledged subsequent ones. (872)
or mortgaged to secure a recoverable
Article 938. A legacy or devise made
debt before the execution of the will,
to a creditor shall not be applied to his
the estate is obliged to pay the debt,
credit, unless the testator so expressly
unless the contrary intention appears.
declares.
The same rule applies when the thing is
In the latter case, the creditor shall
pledged or mortgaged after the
have the right to collect the excess, if
execution of the will.
any, of the credit or of the legacy or
Any other charge, perpetual or devise. (837a)
temporary, with which the thing
Article 939. If the testator orders the
bequeathed is burdened, passes with it
payment of what he believes he owes
to the legatee or devisee. (867a)
but does not in fact owe, the disposition
Article 935. The legacy of a credit shall be considered as not written. If as
against a third person or of the regards a specified debt more than the
remission or release of a debt of the amount thereof is ordered paid, the
legatee shall be effective only as excess is not due, unless a contrary
regards that part of the credit or debt intention appears.
The foregoing provisions are without shall pass to his heirs; but a choice
prejudice to the fulfillment of natural once made shall be irrevocable. (877a)
obligations. (n)
Article 944. A legacy for education
Article 940. In alternative legacies or lasts until the legatee is of age, or
devises, the choice is presumed to be beyond the age of majority in order that
left to the heir upon whom the the legatee may finish some
obligation to give the legacy or devise professional, vocational or general
may be imposed, or the executor or course, provided he pursues his course
administrator of the estate if no diligently.
particular heir is so obliged.
A legacy for support lasts during the
If the heir, legatee or devisee, who may lifetime of the legatee, if the testator
have been given the choice, dies before has not otherwise provided.
making it, this right shall pass to the
If the testator has not fixed the amount
respective heirs.
of such legacies, it shall be fixed in
Once made, the choice is irrevocable. accordance with the social standing and
the circumstances of the legatee and
In the alternative legacies or devises,
the value of the estate.
except as herein provided, the
provisions of this Code regulating If the testator or during his lifetime
obligations of the same kind shall be used to give the legatee a certain sum
observed, save such modifications as of money or other things by way of
may appear from the intention support, the same amount shall be
expressed by the testator. (874a) deemed bequeathed, unless it be
markedly disproportionate to the value
Article 941. A legacy of generic
of the estate. (879a)
personal property shall be valid even if
there be no things of the same kind in Article 945. If a periodical pension, or
the estate. a certain annual, monthly, or weekly
amount is bequeathed, the legatee may
A devise of indeterminate real property
petition the court for the first
shall be valid only if there be
installment upon the death of the
immovable property of its kind in the
testator, and for the following ones
estate.
which shall be due at the beginning of
The right of choice shall belong to the each period; such payment shall not be
executor or administrator who shall returned, even though the legatee
comply with the legacy by the delivery should die before the expiration of the
of a thing which is neither of inferior nor period which has commenced. (880a)
of superior quality. (875a)
Article 946. If the thing bequeathed
Article 942. Whenever the testator should be subject to a usufruct, the
expressly leaves the right of choice to legatee or devisee shall respect such
the heir, or to the legatee or devisee, right until it is legally extinguished.
the former may give or the latter may (868a)
choose whichever he may prefer. (876a)
Article 947. The legatee or devisee
Article 943. If the heir, legatee or acquires a right to the pure and simple
devisee cannot make the choice, in legacies or devises from the death of
case it has been granted him, his right
the testator, and transmits it to his accessories and accessories and in the
heirs. (881a) condition in which it may be upon the
death of the testator. (883a)
Article 948. If the legacy or devise is
of a specific and determinate thing Article 952. The heir, charged with a
pertaining to the testator, the legatee legacy or devise, or the executor or
or devisee acquires the ownership administrator of the estate, must
thereof upon the death of the testator, deliver the very thing bequeathed if he
as well as any growing fruits, or unborn is able to do so and cannot discharge
offspring of animals, or uncollected this obligation by paying its value.
income; but not the income which was
Legacies of money must be paid in
due and unpaid before the latter's
cash, even though the heir or the estate
death.
may not have any.
From the moment of the testator's
The expenses necessary for the delivery
death, the thing bequeathed shall be at
of the thing bequeathed shall be for the
the risk of the legatee or devisee, who
account of the heir or the estate, but
shall, therefore, bear its loss or
without prejudice to the legitime.
deterioration, and shall be benefited by
(886a)
its increase or improvement, without
prejudice to the responsibility of the Article 953. The legatee or devisee
executor or administrator. (882a) cannot take possession of the thing
bequeathed upon his own authority, but
Article 949. If the bequest should not
shall request its delivery and possession
be of a specific and determinate thing,
of the heir charged with the legacy or
but is generic or of quantity, its fruits
devise, or of the executor or
and interests from the time of the death
administrator of the estate should he be
of the testator shall pertain to the
authorized by the court to deliver it.
legatee or devisee if the testator has
(885a)
expressly so ordered. (884a)
Article 954. The legatee or devisee
Article 950. If the estate should not be
cannot accept a part of the legacy or
sufficient to cover all the legacies or
devise and repudiate the other, if the
devises, their payment shall be made in
latter be onerous.
the following order:
Should he die before having accepted
(1) Remuneratory legacies or devises;
the legacy or devise, leaving several
(2) Legacies or devises declared by the heirs, some of the latter may accept
testator to be preferential; and the others may repudiate the share
respectively belonging to them in the
(3) Legacies for support;
legacy or devise. (889a)
(4) Legacies for education;
Article 955. The legatee or devisee of
(5) Legacies or devises of a specific, two legacies or devises, one of which is
determinate thing which forms a part of onerous, cannot renounce the onerous
the estate; one and accept the other. If both are
onerous or gratuitous, he shall be free
(6) All others pro rata. (887a)
to accept or renounce both, or to
Article 951. The thing bequeathed renounce either. But if the testator
shall be delivered with all its intended that the two legacies or
devises should be inseparable from kind, in accordance with the provisions
each other, the legatee or devisee must of article 928. (869a)
either accept or renounce both.
Article 958. A mistake as to the name
Any compulsory heir who is at the same of the thing bequeathed or devised, is
time a legatee or devisee may waive of no consequence, if it is possible to
the inheritance and accept the legacy identify the thing which the testator
or devise, or renounce the latter and intended to bequeath or devise. (n)
accept the former, or waive or accept
Article 959. A disposition made in
both. (890a)
general terms in favor of the testator's
Article 956. If the legatee or devisee relatives shall be understood to be in
cannot or is unwilling to accept the favor of those nearest in degree. (751)
legacy or devise, or if the legacy or
devise for any reason should become
ineffective, it shall be merged into the CHAPTER 3
mass of the estate, except in cases of Legal or Intestate Succession
substitution and of the right of
accretion. (888a)
SECTION 1
Article 957. The legacy or devise shall
General Provisions
be without effect:
Article 960. Legal or intestate
(1) If the testator transforms the thing
succession takes place:
bequeathed in such a manner that it
does not retain either the form or the (1) If a person dies without a will, or
denomination it had; with a void will, or one which has
subsequently lost its validity;
(2) If the testator by any title or for any
cause alienates the thing bequeathed (2) When the will does not institute an
or any part thereof, it being understood heir to, or dispose of all the property
that in the latter case the legacy or belonging to the testator. In such case,
devise shall be without effect only with legal succession shall take place only
respect to the part thus alienated. If with respect to the property of which
after the alienation the thing should the testator has not disposed;
again belong to the testator, even if it
(3) If the suspensive condition attached
be by reason of nullity of the contract,
to the institution of heir does not
the legacy or devise shall not thereafter
happen or is not fulfilled, or if the heir
be valid, unless the reacquisition shall
dies before the testator, or repudiates
have been effected by virtue of the
the inheritance, there being no
exercise of the right of repurchase;
substitution, and no right of accretion
(3) If the thing bequeathed is totally lost takes place;
during the lifetime of the testator, or
(4) When the heir instituted is incapable
after his death without the heir's fault.
of succeeding, except in cases provided
Nevertheless, the person obliged to pay
in this Code. (912a)
the legacy or devise shall be liable for
eviction if the thing bequeathed should Article 961. In default of testamentary
not have been determinate as to its heirs, the law vests the inheritance, in
accordance with the rules hereinafter
set forth, in the legitimate and generations or persons, excluding the
illegitimate relatives of the deceased, in progenitor.
the surviving spouse, and in the State.
In the direct line, ascent is made to the
(913a)
common ancestor. Thus, the child is one
Article 962. In every inheritance, the degree removed from the parent, two
relative nearest in degree excludes the from the grandfather, and three from
more distant ones, saving the right of the great-grandparent.
representation when it properly takes
In the collateral line, ascent is made to
place.
the common ancestor and then descent
Relatives in the same degree shall is made to the person with whom the
inherit in equal shares, subject to the computation is to be made. Thus, a
provisions of article 1006 with respect person is two degrees removed from his
to relatives of the full and half blood, brother, three from his uncle, who is the
and of article 987, paragraph 2, brother of his father, four from his first
concerning division between the cousin, and so forth. (918a)
paternal and maternal lines. (912a)
Article 967. Full blood relationship is
SUBSECTION 1. Relationship that existing between persons who
have the same father and the same
Article 963. Proximity of relationship is
mother.
determined by the number of
generations. Each generation forms a Half blood relationship is that existing
degree. (915) between persons who have the same
father, but not the same mother, or the
Article 964. A series of degrees forms
same mother, but not the same father.
a line, which may be either direct or
(920a)
collateral.
Article 968. If there are several
A direct line is that constituted by the
relatives of the same degree, and one
series of degrees among ascendants
or some of them are unwilling or
and descendants.
incapacitated to succeed, his portion
A collateral line is that constituted by shall accrue to the others of the same
the series of degrees among persons degree, save the right of representation
who are not ascendants and when it should take place. (922)
descendants, but who come from a
Article 969. If the inheritance should
common ancestor. (916a)
be repudiated by the nearest relative,
Article 965. The direct line is either should there be one only, or by all the
descending or ascending. nearest relatives called by law to
succeed, should there be several, those
The former unites the head of the
of the following degree shall inherit in
family with those who descend from
their own right and cannot represent
him.
the person or persons repudiating the
The latter binds a person with those inheritance. (923)
from whom he descends. (917)
SUBSECTION 2. Right of
Article 966. In the line, as many Representation
degrees are counted as there are
Article 970. Representation is a right Article 976. A person may represent
created by fiction of law, by virtue of him whose inheritance he has
which the representative is raised to the renounced. (928a)
place and the degree of the person
Article 977. Heirs who repudiate their
represented, and acquires the rights
share may not be represented. (929a)
which the latter would have if he were
living or if he could have inherited.
(942a)
SECTION 2
Article 971. The representative is Order of Intestate Succession
called to the succession by the law and
SUBSECTION 1. Descending Direct
not by the person represented. The
Line
representative does not succeed the
person represented but the one whom Article 978. Succession pertains, in
the person represented would have the first place, to the descending direct
succeeded. (n) line. (930)

Article 972. The right of representation Article 979. Legitimate children and
takes place in the direct descending their descendants succeed the parents
line, but never in the ascending. and other ascendants, without
distinction as to sex or age, and even if
In the collateral line, it takes place only
they should come from different
in favor of the children of brothers or
marriages.
sisters, whether they be of the full or
half blood. (925) An adopted child succeeds to the
property of the adopting parents in the
Article 973. In order that
same manner as a legitimate child.
representation may take place, it is
(931a)
necessary that the representative
himself be capable of succeeding the Article 980. The children of the
decedent. (n) deceased shall always inherit from him
in their own right, dividing the
Article 974. Whenever there is
inheritance in equal shares. (932)
succession by representation, the
division of the estate shall be made per Article 981. Should children of the
stirpes, in such manner that the deceased and descendants of other
representative or representatives shall children who are dead, survive, the
not inherit more than what the person former shall inherit in their own right,
they represent would inherit, if he were and the latter by right of
living or could inherit. (926a) representation. (934a)

Article 975. When children of one or Article 982. The grandchildren and
more brothers or sisters of the other descendants shall inherit by right
deceased survive, they shall inherit of representation, and if any one of
from the latter by representation, if them should have died, leaving several
they survive with their uncles or aunts. heirs, the portion pertaining to him shall
But if they alone survive, they shall be divided among the latter in equal
inherit in equal portions. (927) portions. (933)

Article 983. If illegitimate children

survive with legitimate children, the
shares of the former shall be in the and the latter by right of
proportions prescribed by article 895. representation. (940a)
(n)
Article 990. The hereditary rights
Article 984. In case of the death of an granted by the two preceding articles to
adopted child, leaving no children or illegitimate children shall be
descendants, his parents and relatives transmitted upon their death to their
by consanguinity and not by adoption, descendants, who shall inherit by right
shall be his legal heirs. (n) of representation from their deceased
grandparent. (941a)
SUBSECTION 2. Ascending Direct Line
Article 991. If legitimate ascendants
Article 985. In default of legitimate
are left, the illegitimate children shall
children and descendants of the
divide the inheritance with them, taking
deceased, his parents and ascendants
one-half of the estate, whatever be the
shall inherit from him, to the exclusion
number of the ascendants or of the
of collateral relatives. (935a)
illegitimate children. (942, 841a)
Article 986. The father and mother, if
Article 992. An illegitimate child has
living, shall inherit in equal shares.
no right to inherit ab intestato from the
Should one only of them survive, he or legitimate children and relatives of his
she shall succeed to the entire estate of father or mother; nor shall such children
the child. (936) or relatives inherit in the same manner
from the illegitimate child. (943a)
Article 987. In default of the father
and mother, the ascendants nearest in Article 993. If an illegitimate child
degree shall inherit. should die without issue, either
legitimate or illegitimate, his father or
Should there be more than one of equal
mother shall succeed to his entire
degree belonging to the same line they
estate; and if the child's filiation is duly
shall divide the inheritance per capita;
proved as to both parents, who are both
should they be of different lines but of
living, they shall inherit from him share
equal degree, one-half shall go to the
and share alike. (944a)
paternal and the other half to the
maternal ascendants. In each line the Article 994. In default of the father or
division shall be made per capita. (937) mother, an illegitimate child shall be
succeeded by his or her surviving
SUBSECTION 3. Illegitimate
spouse who shall be entitled to the
Children
entire estate.
Article 988. In the absence of
If the widow or widower should survive
legitimate descendants or ascendants,
with brothers and sisters, nephews and
the illegitimate children shall succeed
nieces, she or he shall inherit one-half
to the entire estate of the deceased.
of the estate, and the latter the other
(939a)
half. (945a)
Article 989. If, together with
SUBSECTION 4. Surviving Spouse
illegitimate children, there should
survive descendants of another Article 995. In the absence of
illegitimate child who is dead, the legitimate descendants and
former shall succeed in their own right ascendants, and illegitimate children
and their descendants, whether Article 1001. Should brothers and
legitimate or illegitimate, the surviving sisters or their children survive with the
spouse shall inherit the entire estate, widow or widower, the latter shall be
without prejudice to the rights of entitled to one-half of the inheritance
brothers and sisters, nephews and and the brothers and sisters or their
nieces, should there be any, under children to the other half. (953, 837a)
article 1001. (946a)
Article 1002. In case of a legal
Article 996. If a widow or widower and separation, if the surviving spouse gave
legitimate children or descendants are cause for the separation, he or she shall
left, the surviving spouse has in the not have any of the rights granted in
succession the same share as that of the preceding articles. (n)
each of the children. (834a)
SUBSECTION 5. Collateral Relatives
Article 997. When the widow or
Article 1003. If there are no
widower survives with legitimate
descendants, ascendants, illegitimate
parents or ascendants, the surviving
children, or a surviving spouse, the
spouse shall be entitled to one-half of
collateral relatives shall succeed to the
the estate, and the legitimate parents
entire estate of the deceased in
or ascendants to the other half. (836a)
accordance with the following articles.
Article 998. If a widow or widower (946a)
survives with illegitimate children, such
Article 1004. Should the only survivors
widow or widower shall be entitled to
be brothers and sisters of the full blood,
one-half of the inheritance, and the
they shall inherit in equal shares. (947)
illegitimate children or their
descendants, whether legitimate or Article 1005. Should brothers and
illegitimate, to the other half. (n) sisters survive together with nephews
and nieces, who are the children of the
Article 999. When the widow or
descendant's brothers and sisters of the
widower survives with legitimate
full blood, the former shall inherit per
children or their descendants and
capita, and the latter per stirpes. (948)
illegitimate children or their
descendants, whether legitimate or Article 1006. Should brother and
illegitimate, such widow or widower sisters of the full blood survive together
shall be entitled to the same share as with brothers and sisters of the half
that of a legitimate child. (n) blood, the former shall be entitled to a
share double that of the latter. (949)
Article 1000. If legitimate ascendants,
the surviving spouse, and illegitimate Article 1007. In case brothers and
children are left, the ascendants shall sisters of the half blood, some on the
be entitled to one-half of the father's and some on the mother's side,
inheritance, and the other half shall be are the only survivors, all shall inherit in
divided between the surviving spouse equal shares without distinction as to
and the illegitimate children so that the origin of the property. (950)
such widow or widower shall have one-
Article 1008. Children of brothers and
fourth of the estate, and the illegitimate
sisters of the half blood shall succeed
children the other fourth. (841a)
per capita or per stirpes, in accordance
with the rules laid down for brothers distribute the estate as the respective
and sisters of the full blood. (915) needs of each beneficiary may warrant.

Article 1009. Should there be neither The court, at the instance of an

brothers nor sisters nor children of interested party, or on its own motion,
brothers or sisters, the other collateral may order the establishment of a
relatives shall succeed to the estate. permanent trust, so that only the
income from the property shall be used.
The latter shall succeed without
(956a)
distinction of lines or preference among
them by reason of relationship by the Article 1014. If a person legally
whole blood. (954a) entitled to the estate of the deceased
appears and files a claim thereto with
Article 1010. The right to inherit ab
the court within five years from the
intestato shall not extend beyond the
date the property was delivered to the
fifth degree of relationship in the
State, such person shall be entitled to
collateral line. (955a)
the possession of the same, or if sold,
SUBSECTION 6. The State the municipality or city shall be
accountable to him for such part of the
Article 1011. In default of persons
proceeds as may not have been lawfully
entitled to succeed in accordance with
spent. (n)
the provisions of the preceding
Sections, the State shall inherit the
whole estate. (956a)
CHAPTER 4
Article 1012. In order that the State Provisions Common to Testate and
may take possession of the property Intestate Successions
mentioned in the preceding article, the
pertinent provisions of the Rules of
Court must be observed. (958a) SECTION 1
Right of Accretion
Article 1013. After the payment of
debts and charges, the personal Article 1015. Accretion is a right by
property shall be assigned to the virtue of which, when two or more
municipality or city where the deceased persons are called to the same
last resided in the Philippines, and the inheritance, devise or legacy, the part
real estate to the municipalities or assigned to the one who renounces or
cities, respectively, in which the same is cannot receive his share, or who died
situated. before the testator, is added or
incorporated to that of his co-heirs, co-
If the deceased never resided in the
devisees, or co-legatees. (n)
Philippines, the whole estate shall be
assigned to the respective Article 1016. In order that the right of
municipalities or cities where the same accretion may take place in a
is located. testamentary succession, it shall be
necessary:
Such estate shall be for the benefit of
public schools, and public charitable (1) That two or more persons be called
institutions and centers, in such to the same inheritance, or to the same
municipalities or cities. The court shall portion thereof, pro indiviso; and
(2) That one of the persons thus called legal heirs of the testator, who shall
die before the testator, or renounce the receive it with the same charges and
inheritance, or be incapacitated to obligations. (986)
receive it. (928a)
Article 1023. Accretion shall also take
Article 1017. The words "one-half for place among devisees, legatees and
each" or "in equal shares" or any others usufructuaries under the same
which, though designating an aliquot conditions established for heirs. (987a)
part, do not identify it by such
description as shall make each heir the
exclusive owner of determinate SECTION 2
property, shall not exclude the right of Capacity to Succeed by Will or by
accretion. Intestacy

In case of money or fungible goods, if Article 1024. Persons not

the share of each heir is not earmarked, incapacitated by law may succeed by
there shall be a right of accretion. will or ab intestato.
(983a)
The provisions relating to incapacity by
Article 1018. In legal succession the will are equally applicable to intestate
share of the person who repudiates the succession. (744, 914)
inheritance shall always accrue to his
Article 1025. In order to be
co-heirs. (981)
capacitated to inherit, the heir, devisee
Article 1019. The heirs to whom the or legatee must be living at the
portion goes by the right of accretion moment the succession opens, except
take it in the same proportion that they in case of representation, when it is
inherit. (n) proper.

Article 1020. The heirs to whom the A child already conceived at the time of
inheritance accrues shall succeed to all the death of the decedent is capable of
the rights and obligations which the heir succeeding provided it be born later
who renounced or could not receive it under the conditions prescribed in
would have had. (984) article 41. (n)

Article 1021. Among the compulsory Article 1026. A testamentary

heirs the right of accretion shall take disposition may be made to the State,
place only when the free portion is left provinces, municipal corporations,
to two or more of them, or to any one of private corporations, organizations, or
them and to a stranger. associations for religious, scientific,
cultural, educational, or charitable
Should the part repudiated be the
purposes.
legitime, the other co-heirs shall
succeed to it in their own right, and not All other corporations or entities may
by the right of accretion. (985) succeed under a will, unless there is a
provision to the contrary in their charter
Article 1022. In testamentary
or the laws of their creation, and always
succession, when the right of accretion
subject to the same. (746a)
does not take place, the vacant portion
of the instituted heirs, if no substitute Article 1027. The following are
has been designated, shall pass to the incapable of succeeding:
(1) The priest who heard the confession to which the testator may belong, to be
of the testator during his last illness, or used for such prayers and pious works,
the minister of the gospel who and the other half to the State, for the
extended spiritual aid to him during the purposes mentioned in article 1013.
same period; (747a)

(2) The relatives of such priest or Article 1030. Testamentary provisions

minister of the gospel within the fourth in favor of the poor in general, without
degree, the church, order, chapter, designation of particular persons or of
community, organization, or institution any community, shall be deemed
to which such priest or minister may limited to the poor living in the domicile
belong; of the testator at the time of his death,
unless it should clearly appear that his
(3) A guardian with respect to
intention was otherwise.
testamentary dispositions given by a
ward in his favor before the final The designation of the persons who are
accounts of the guardianship have been to be considered as poor and the
approved, even if the testator should distribution of the property shall be
die after the approval thereof; made by the person appointed by the
nevertheless, any provision made by testator for the purpose; in default of
the ward in favor of the guardian when such person, by the executor, and
the latter is his ascendant, descendant, should there be no executor, by the
brother, sister, or spouse, shall be valid; justice of the peace, the mayor, and the
municipal treasurer, who shall decide by
(4) Any attesting witness to the
a majority of votes all questions that
execution of a will, the spouse, parents,
may arise. In all these cases, the
or children, or any one claiming under
approval of the Court of First Instance
such witness, spouse, parents, or
shall be necessary.
children;
The preceding paragraph shall apply
(5) Any physician, surgeon, nurse,
when the testator has disposed of his
health officer or druggist who took care
property in favor of the poor of a
of the testator during his last illness;
definite locality. (749a)
(6) Individuals, associations and
Article 1031. A testamentary provision
corporations not permitted by law to
in favor of a disqualified person, even
inherit. (745, 752, 753, 754a)
though made under the guise of an
Article 1028. The prohibitions onerous contract, or made through an
mentioned in article 739, concerning intermediary, shall be void. (755)
donations inter vivos shall apply to
Article 1032. The following are
testamentary provisions. (n)
incapable of succeeding by reason of
Article 1029. Should the testator unworthiness:
dispose of the whole or part of his
(1) Parents who have abandoned their
property for prayers and pious works for
children or induced their daughters to
the benefit of his soul, in general terms
lead a corrupt or immoral life, or
and without specifying its application,
attempted against their virtue;
the executor, with the court's approval
shall deliver one-half thereof or its (2) Any person who has been convicted
proceeds to the church or denomination of an attempt against the life of the
testator, his or her spouse, and in the case falling under No. 4, the
descendants, or ascendants; expiration of the month allowed for the
report.
(3) Any person who has accused the
testator of a crime for which the law If the institution, devise or legacy
prescribes imprisonment for six years or should be conditional, the time of the
more, if the accusation has been found compliance with the condition shall also
groundless; be considered. (758a)

(4) Any heir of full age who, having Article 1035. If the person excluded
knowledge of the violent death of the from the inheritance by reason of
testator, should fail to report it to an incapacity should be a child or
officer of the law within a month, unless descendant of the decedent and should
the authorities have already taken have children or descendants, the latter
action; this prohibition shall not apply to shall acquire his right to the legitime.
cases wherein, according to law, there
The person so excluded shall not enjoy
is no obligation to make an accusation;
the usufruct and administration of the
(5) Any person convicted of adultery or property thus inherited by his children.
concubinage with the spouse of the (761a)
testator;
Article 1036. Alienations of hereditary
(6) Any person who by fraud, violence, property, and acts of administration
intimidation, or undue influence should performed by the excluded heir, before
cause the testator to make a will or to the judicial order of exclusion, are valid
change one already made; as to the third persons who acted in
good faith; but the co-heirs shall have a
(7) Any person who by the same means
right to recover damages from the
prevents another from making a will, or
disqualified heir. (n)
from revoking one already made, or
who supplants, conceals, or alters the Article 1037. The unworthy heir who is
latter's will; excluded from the succession has a
right to demand indemnity or any
(8) Any person who falsifies or forges a
expenses incurred in the preservation of
supposed will of the decedent. (756,
the hereditary property, and to enforce
673, 674a)
such credits as he may have against the
Article 1033. The cause of estate. (n)
unworthiness shall be without effect if
Article 1038. Any person incapable of
the testator had knowledge thereof at
succession, who, disregarding the
the time he made the will, or if, having
prohibition stated in the preceding
known of them subsequently, he should
articles, entered into the possession of
condone them in writing. (757a)
the hereditary property, shall be obliged
Article 1034. In order to judge the to return it together it its accessions.
capacity of the heir, devisee or legatee,
He shall be liable for all the fruits and
his qualification at the time of the death
rents he may have received, or could
of the decedent shall be the criterion.
have received through the exercise of
In cases falling under Nos. 2, 3, or 5 of due diligence. (760a)
article 1032, it shall be necessary to
wait until final judgment is rendered,
Article 1039. Capacity to succeed is Article 1045. The lawful
governed by the law of the nation of the representatives of corporations,
decedent. (n) associations, institutions and entities
qualified to acquire property may
Article 1040. The action for a
accept any inheritance left to the latter,
declaration of incapacity and for the
but in order to repudiate it, the approval
recovery of the inheritance, devise or
of the court shall be necessary. (993a)
legacy shall be brought within five
years from the time the disqualified Article 1046. Public official
person took possession thereof. It may establishments can neither accept nor
be brought by any one who may have repudiate an inheritance without the
an interest in the succession. (762a) approval of the government. (994)

Article 1047. A married woman of age

may repudiate an inheritance without
SECTION 3
the consent of her husband. (995a)
Acceptance and Repudiation of the
Inheritance Article 1048. Deaf-mutes who can
read and write may accept or repudiate
Article 1041. The acceptance or
the inheritance personally or through an
repudiation of the inheritance is an act
agent. Should they not be able to read
which is purely voluntary and free.
and write, the inheritance shall be
(988)
accepted by their guardians. These
Article 1042. The effects of the guardians may repudiate the same with
acceptance or repudiation shall always judicial approval. (996a)
retroact to the moment of the death of
Article 1049. Acceptance may be
the decedent. (989)
express or tacit.
Article 1043. No person may accept or
An express acceptance must be made
repudiate an inheritance unless he is
in a public or private document.
certain of the death of the person from
whom he is to inherit, and of his right to A tacit acceptance is one resulting from
the inheritance. (991) acts by which the intention to accept is
necessarily implied, or which one would
Article 1044. Any person having the
have no right to do except in the
free disposal of his property may accept
capacity of an heir.
or repudiate an inheritance.
Acts of mere preservation or provisional
Any inheritance left to minors or
administration do not imply an
incapacitated persons may be accepted
acceptance of the inheritance if,
by their parents or guardians. Parents
through such acts, the title or capacity
or guardians may repudiate the
of an heir has not been assumed.
inheritance left to their wards only by
(999a)
judicial authorization.
Article 1050. An inheritance is
The right to accept an inheritance left
deemed accepted:
to the poor shall belong to the persons
designated by the testator to determine (1) If the heirs sells, donates, or assigns
the beneficiaries and distribute the his right to a stranger, or to his co-heirs,
property, or in their default, to those or to any of them;
mentioned in article 1030. (992a)
(2) If the heir renounces the same, even Should he repudiate it as an intestate
though gratuitously, for the benefit of heir, without knowledge of his being a
one or more of his co-heirs; testamentary heir, he may still accept it
in the latter capacity. (1009)
(3) If he renounces it for a price in favor
of all his co-heirs indiscriminately; but if Article 1056. The acceptance or
this renunciation should be gratuitous, repudiation of an inheritance, once
and the co-heirs in whose favor it is made, is irrevocable, and cannot be
made are those upon whom the portion impugned, except when it was made
renounced should devolve by virtue of through any of the causes that vitiate
accretion, the inheritance shall not be consent, or when an unknown will
deemed as accepted. (1000) appears. (997)

Article 1051. The repudiation of an Article 1057. Within thirty days after
inheritance shall be made in a public or the court has issued an order for the
authentic instrument, or by petition distribution of the estate in accordance
presented to the court having with the Rules of Court, the heirs,
jurisdiction over the testamentary or devisees and legatees shall signify to
intestate proceedings. (1008) the court having jurisdiction whether
they accept or repudiate the
Article 1052. If the heir repudiates the
inheritance.
inheritance to the prejudice of his own
creditors, the latter may petition the If they do not do so within that time,
court to authorize them to accept it in they are deemed to have accepted the
the name of the heir. inheritance. (n)

The acceptance shall benefit the

creditors only to an extent sufficient to
SECTION 4
cover the amount of their credits. The
Executors and Administrators
excess, should there be any, shall in no
case pertain to the renouncer, but shall Article 1058. All matters relating to
be adjudicated to the persons to whom, the appointment, powers and duties of
in accordance with the rules established executors and administrators and
in this Code, it may belong. (1001) concerning the administration of
estates of deceased persons shall be
Article 1053. If the heir should die
governed by the Rules of Court. (n)
without having accepted or repudiated
the inheritance his right shall be Article 1059. If the assets of the
transmitted to his heirs. (1006) estate of a decedent which can be
applied to the payment of debts are not
Article 1054. Should there be several
sufficient for that purpose, the
heirs called to the inheritance, some of
provisions of articles 2239 to 2251 on
them may accept and the others may
Preference of Credits shall be observed,
repudiate it. (1007a)
provided that the expenses referred to
Article 1055. If a person, who is called in article 2244, No. 8, shall be those
to the same inheritance as an heir by involved in the administration of the
will and ab intestato, repudiates the decedent's estate. (n)
inheritance in his capacity as a
Article 1060. A corporation or
testamentary heir, he is understood to
association authorized to conduct the
have repudiated it in both capacities.
business of a trust company in the testator has provided otherwise, in
Philippines may be appointed as an which case his wishes must be
executor, administrator, guardian of an respected, if the legitime of the co-heirs
estate, or trustee, in like manner as an is not prejudiced. (1038)
individual; but it shall not be appointed
Article 1065. Parents are not obliged
guardian of the person of a ward. (n)
to bring to collation in the inheritance of
their ascendants any property which
SECTION 5 may have been donated by the latter to
Collation their children. (1039)

Article 1061. Every compulsory heir, Article 1066. Neither shall donations
who succeeds with other compulsory to the spouse of the child be brought to
heirs, must bring into the mass of the collation; but if they have been given by
estate any property or right which he the parent to the spouses jointly, the
may have received from the decedent, child shall be obliged to bring to
during the lifetime of the latter, by way collation one-half of the thing donated.
of donation, or any other gratuitous (1040)
title, in order that it may be computed
Article 1067. Expenses for support,
in the determination of the legitime of
education, medical attendance, even in
each heir, and in the account of the
extraordinary illness, apprenticeship,
partition. (1035a)
ordinary equipment, or customary gifts
Article 1062. Collation shall not take are not subject to collation. (1041)
place among compulsory heirs if the
Article 1068. Expenses incurred by the
donor should have so expressly
parents in giving their children a
provided, or if the donee should
professional, vocational or other career
repudiate the inheritance, unless the
shall not be brought to collation unless
donation should be reduced as
the parents so provide, or unless they
inofficious. (1036)
impair the legitime; but when their
Article 1063. Property left by will is not collation is required, the sum which the
deemed subject to collation, if the child would have spent if he had lived in
testator has not otherwise provided, but the house and company of his parents
the legitime shall in any case remain shall be deducted therefrom. (1042a)
unimpaired. (1037)
Article 1069. Any sums paid by a
Article 1064. When the grandchildren, parent in satisfaction of the debts of his
who survive with their uncles, aunts, or children, election expenses, fines, and
cousins, inherit from their grandparents similar expenses shall be brought to
in representation of their father or collation. (1043a)
mother, they shall bring to collation all
Article 1070. Wedding gifts by parents
that their parents, if alive, would have
and ascendants consisting of jewelry,
been obliged to bring, even though
clothing, and outfit, shall not be
such grandchildren have not inherited
reduced as inofficious except insofar as
the property.
they may exceed one-tenth of the sum
They shall also bring to collation all that which is disposable by will. (1044)
they may have received from the
Article 1071. The same things donated
decedent during his lifetime, unless the
are not to be brought to collation and
partition, but only their value at the For the purpose of ascertaining their
time of the donation, even though their amount, the fruits and interest of the
just value may not then have been property of the estate of the same kind
assessed. and quality as that subject to collation
shall be made the standard of
Their subsequent increase or
assessment. (1049)
deterioration and even their total loss
or destruction, be it accidental or Article 1076. The co-heirs are bound
culpable, shall be for the benefit or to reimburse to the donee the
account and risk of the donee. (1045a) necessary expenses which he has
incurred for the preservation of the
Article 1072. In the collation of a
property donated to him, though they
donation made by both parents, one-
may not have augmented its value.
half shall be brought to the inheritance
of the father, and the other half, to that The donee who collates in kind an
of the mother. That given by one alone immovable which has been given to him
shall be brought to collation in his or must be reimbursed by his co-heirs for
her inheritance. (1046a) the improvements which have
increased the value of the property, and
Article 1073. The donee's share of the
which exist at the time the partition if
estate shall be reduced by an amount
effected.
equal to that already received by him;
and his co-heirs shall receive an As to works made on the estate for the
equivalent, as much as possible, in mere pleasure of the donee, no
property of the same nature, class and reimbursement is due him for them; he
quality. (1047) has, however, the right to remove
them, if he can do so without injuring
Article 1074. Should the provisions of
the estate. (n)
the preceding article be impracticable,
if the property donated was immovable, Article 1077. Should any question
the co-heirs shall be entitled to receive arise among the co-heirs upon the
its equivalent in cash or securities, at obligation to bring to collation or as to
the rate of quotation; and should there the things which are subject to
be neither cash or marketable securities collation, the distribution of the estate
in the estate, so much of the other shall not be interrupted for this reason,
property as may be necessary shall be provided adequate security is given.
sold at public auction. (1050)

If the property donated was movable,

the co-heirs shall only have a right to
SECTION 6
select an equivalent of other personal
Partition and Distribution of the
property of the inheritance at its just
Estate
price. (1048)
SUBSECTION 1. Partition
Article 1075. The fruits and interest of
the property subject to collation shall Article 1078. Where there are two or
not pertain to the estate except from more heirs, the whole estate of the
the day on which the succession is decedent is, before its partition, owned
opened. in common by such heirs, subject to the
payment of debts of the deceased. (n)
Article 1079. Partition, in general, is expressly forbidden its partition, in
the separation, division and assignment which case the period of indivision shall
of a thing held in common among those not exceed twenty years as provided in
to whom it may belong. The thing itself article 494. This power of the testator to
may be divided, or its value. (n) prohibit division applies to the legitime.

Article 1080. Should a person make Even though forbidden by the testator,
partition of his estate by an act inter the co-ownership terminates when any
vivos, or by will, such partition shall be of the causes for which partnership is
respected, insofar as it does not dissolved takes place, or when the court
prejudice the legitime of the finds for compelling reasons that
compulsory heirs. division should be ordered, upon
petition of one of the co-heirs. (1051a)
A parent who, in the interest of his or
her family, desires to keep any Article 1084. Voluntary heirs upon
agricultural, industrial, or whom some condition has been
manufacturing enterprise intact, may imposed cannot demand a partition
avail himself of the right granted him in until the condition has been fulfilled;
this article, by ordering that the but the other co-heirs may demand it
legitime of the other children to whom by giving sufficient security for the
the property is not assigned, be paid in rights which the former may have in
cash. (1056a) case the condition should be complied
with, and until it is known that the
Article 1081. A person may, by an act
condition has not been fulfilled or can
inter vivos or mortis causa, intrust the
never be complied with, the partition
mere power to make the partition after
shall be understood to be provisional.
his death to any person who is not one
(1054a)
of the co-heirs.
Article 1085. In the partition of the
The provisions of this and of the
estate, equality shall be observed as far
preceding article shall be observed
as possible, dividing the property into
even should there be among the co-
lots, or assigning to each of the co-heirs
heirs a minor or a person subject to
things of the same nature, quality and
guardianship; but the mandatary, in
kind. (1061)
such case, shall make an inventory of
the property of the estate, after Article 1086. Should a thing be
notifying the co-heirs, the creditors, and indivisible, or would be much impaired
the legatees or devisees. (1057a) by its being divided, it may be
adjudicated to one of the heirs,
Article 1082. Every act which is
provided he shall pay the others the
intended to put an end to indivision
excess in cash.
among co-heirs and legatees or
devisees is deemed to be a partition, Nevertheless, if any of the heirs should
although it should purport to be a sale, demand that the thing be sold at public
and exchange, a compromise, or any auction and that strangers be allowed
other transaction. (n) to bid, this must be done. (1062)

Article 1083. Every co-heir has a right Article 1087. In the partition the co-
to demand the division of the estate heirs shall reimburse one another for
unless the testator should have the income and fruits which each one of
them may have received from any article shall be proportionate to the
property of the estate, for any useful respective hereditary shares of the co-
and necessary expenses made upon heirs, but if any one of them should be
such property, and for any damage insolvent, the other co-heirs shall be
thereto through malice or neglect. liable for his part in the same
(1063) proportion, deducting the part
corresponding to the one who should be
Article 1088. Should any of the heirs
indemnified.
sell his hereditary rights to a stranger
before the partition, any or all of the co- Those who pay for the insolvent heir
heirs may be subrogated to the rights of shall have a right of action against him
the purchaser by reimbursing him for for reimbursement, should his financial
the price of the sale, provided they do condition improve. (1071)
so within the period of one month from
Article 1094. An action to enforce the
the time they were notified in writing of
warranty among heirs must be brought
the sale by the vendor. (1067a)
within ten years from the date the right
Article 1089. The titles of acquisition of action accrues. (n)
or ownership of each property shall be
Article 1095. If a credit should be
delivered to the co-heir to whom said
assigned as collectible, the co-heirs
property has been adjudicated. (1065a)
shall not be liable for the subsequent
Article 1090. When the title comprises insolvency of the debtor of the estate,
two or more pieces of land which have but only for his insolvency at the time
been assigned to two or more co-heirs, the partition is made.
or when it covers one piece of land
The warranty of the solvency of the
which has been divided between two or
debtor can only be enforced during the
more co-heirs, the title shall be
five years following the partition.
delivered to the one having the largest
interest, and authentic copies of the Co-heirs do not warrant bad debts, if so
title shall be furnished to the other co- known to, and accepted by, the
heirs at the expense of the estate. If the distributee. But if such debts are not
interest of each co-heir should be the assigned to a co-heir, and should be
same, the oldest shall have the title. collected, in whole or in part, the
(1066a) amount collected shall be distributed
proportionately among the heirs.
SUBSECTION 2. Effects of Partition
(1072a)
Article 1091. A partition legally made
Article 1096. The obligation of
confers upon each heir the exclusive
warranty among co-heirs shall cease in
ownership of the property adjudicated
the following cases:
to him. (1068)
(1) When the testator himself has made
Article 1092. After the partition has
the partition, unless it appears, or it
been made, the co-heirs shall be
may be reasonably presumed, that his
reciprocally bound to warrant the title
intention was otherwise, but the
to, and the quality of, each property
legitime shall always remain
adjudicated. (1069a)
unimpaired;
Article 1093. The reciprocal obligation
of warranty referred to in the preceding
(2) When it has been so expressly prejudiced nor those have not received
stipulated in the agreement of partition, more than their just share. (1077a)
unless there has been bad faith;
Article 1102. An heir who has
(3) When the eviction is due to a cause alienated the whole or a considerable
subsequent to the partition, or has been part of the real property adjudicated to
caused by the fault of the distributee of him cannot maintain an action for
the property. (1070a) rescission on the ground of lesion, but
he shall have a right to be indemnified
SUBSECTION 3. Rescission and
in cash. (1078a)
Nullity of Partition
Article 1103. The omission of one or
Article 1097. A partition may be
more objects or securities of the
rescinded or annulled for the same
inheritance shall not cause the
causes as contracts. (1073a)
rescission of the partition on the ground
Article 1098. A partition, judicial or of lesion, but the partition shall be
extra-judicial, may also be rescinded on completed by the distribution of the
account of lesion, when any one of the objects or securities which have been
co-heirs received things whose value is omitted. (1079a)
less, by at least one-fourth, than the
Article 1104. A partition made with
share to which he is entitled,
preterition of any of the compulsory
considering the value of the things at
heirs shall not be rescinded, unless it be
the time they were adjudicated. (1074a)
proved that there was bad faith or fraud
Article 1099. The partition made by on the part of the other persons
the testator cannot be impugned on the interested; but the latter shall be
ground of lesion, except when the proportionately obliged to pay to the
legitime of the compulsory heirs is person omitted the share which belongs
thereby prejudiced, or when it appears to him. (1080)
or may reasonably be presumed, that
Article 1105. A partition which
the intention of the testator was
includes a person believed to be an
otherwise. (1075)
heir, but who is not, shall be void only
Article 1100. The action for rescission with respect to such person. (1081a)
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