- Statute
- Philippine Civil Code
- Article
- Art. 1082
- 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
Every act which is intended to put an end to indivision among co-heirs and legatees or devisees is deemed to be a partition, although it should purport to be a sale, and exchange, a compromise, or any other transaction. (n)
Intellegal Wiki · In plain terms
Any transaction whose purpose is to end co-ownership among co-heirs, legatees, or devisees counts as a partition of the estate, no matter what the parties call it. Even if it is labeled a sale, an exchange, a compromise, or some other deal, the law treats it as a division of the inheritance.
An editorially maintained plain-language explanation of this provision — not legal advice.
Intellegal Wiki · How the courts apply it
In Gregorio Favor v. The Honorable Court of Appeals, the Supreme Court held: Partially affirmed the CA: the Compromise Agreement is a valid partition under Article 1082 with no fraud shown, but two parcels remain in co-ownership and are remanded for partition under Articles 494 and 1083.
One leading Supreme Court case applying this provision.
Cases applying this article
- Gregorio Favor v. The Honorable Court of Appeals G.R. No. 80821
- Heirs of Ernesto Morales v. Agustin G.R. No. 224849
- Union Bank v. Santibañez G.R. No. 149926