- Statute
- Civil Code
- Article
- Art. 1088
- 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. 1067a of the old Civil Code
- Year
- 1949
- Cited by
- Multiple Supreme Court decisions
The provision
Should any of the heirs sell his hereditary rights to a stranger before the partition, any or all of the co-heirs may be subrogated to the rights of the purchaser by reimbursing him for the price of the sale, provided they do so within the period of one month from the time they were notified in writing of the sale by the vendor. (1067a)
Intellegal Wiki · In plain terms
If an heir sells their share of an inheritance to an outsider before the estate is divided, the other co-heirs have a right of first refusal: any of them can step into the buyer's shoes by paying back the purchase price. They must exercise this redemption within one month from being notified of the sale in writing by the selling heir.
An editorially maintained plain-language explanation of this provision — not legal advice.
Cases applying this article
- Republic of the Philippines v. Heirs of Francisca Dignos-Sorono G.R. No. 171571
- Leonardo Mariano v. Hon. Court of Appeals G.R. No. 101522
- Guino Escabarte v. Heirs of Benigno Isaw Namely: Merlinda Alba Vda. de Isaw G.R. No. 208595
- Joseph Cua v. Gloria A. Vargas G.R. No. 156536
- Heirs of Ernesto Morales v. Agustin G.R. No. 224849