- Statute
- Civil Code
- Article
- Art. 1061
- Topic
- Provisions Common to Testate and Intestate Successions
- Status
- In force
- Book
- BOOK III DIFFERENT MODES OF ACQUIRING OWNERSHIP Preliminary Provision
- Title
- TITLE IV SUCCESSION
- Chapter
- CHAPTER 4 Provisions Common to Testate and Intestate Successions
- Formerly
- Art. 1035a of the old Civil Code
- Year
- 1949
- Cited by
- Multiple Supreme Court decisions
The provision
Every compulsory heir, who succeeds with other compulsory heirs, must bring into the mass of the estate any property or right which he may have received from the decedent, during the lifetime of the latter, by way of donation, or any other gratuitous title, in order that it may be computed in the determination of the legitime of each heir, and in the account of the partition. (1035a)
Intellegal Wiki · In plain terms
Requires a compulsory heir who inherits together with other compulsory heirs to bring back into the estate the value of any property or right the decedent gave him for free during life (such as a donation). This 'collation' lets each heir's legitime be correctly computed and the estate fairly partitioned.
An editorially maintained plain-language explanation of this provision — not legal advice.
Cases applying this article
- Amelia P. Arellano v. Francisco Pascual G.R. No. 189776
- Corazon M. Gregorio v. Atty. Jose R. Madarang G.R. No. 185226
- Heirs of Ernesto Morales v. Agustin G.R. No. 224849