- Statute
- Civil Code
- Article
- Art. 1078
- 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
- Year
- 1949
- Cited by
- Multiple Supreme Court decisions
The provision
Where there are two or more heirs, the whole estate of the decedent is, before its partition, owned in common by such heirs, subject to the payment of debts of the deceased. (n)
Intellegal Wiki · In plain terms
When a person dies leaving two or more heirs, the entire estate is owned jointly by all of them, as co-owners, until it is formally partitioned. This shared ownership remains subject to first paying the deceased's debts.
An editorially maintained plain-language explanation of this provision — not legal advice.
Intellegal Wiki · How the courts apply it
In Irene Benedicto v. Court of Appeals, the Supreme Court held: Dismissed the petition and affirmed the CA, holding that both the mortgage-foreclosure action and the underlying debt had prescribed under the 10-year period of Article 1142 (mortgage executed in 1966, partition filed in 1977); with no valid outstanding debt, partition could properly proceed under Article 1078.
One leading Supreme Court case applying this provision.
Cases applying this article
- Irene Benedicto v. Court of Appeals G.R. No. 81344
- Quijano v. Amante G.R. No. 164277
- De Vera v. Manzanero G.R. No. 232437
- Rol v. Racho G.R. No. 246096
- Heirs of Ernesto Morales v. Agustin G.R. No. 224849