Civil Code Art. 1091: Provisions Common

Statute: Civil Code
Article: Art. 1091
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. 1068 of the old Civil Code
Year: 1949
Cited by: Multiple Supreme Court decisions

The provision

A partition legally made confers upon each heir the exclusive ownership of the property adjudicated to him. (1068)

Intellegal Wiki · In plain terms

A partition of an estate that is validly carried out gives each heir sole, exclusive ownership of the specific property assigned to them. From that point the heirs no longer co-own the whole estate; each simply owns their allotted share.

An editorially maintained plain-language explanation of this provision — not legal advice.

Cases applying this article

Tranquilino Rubis v. The Philippine Charity Sweepstakes G.R. No. 46686
Geronimo Santiago, Jr. v. Fabian R. Millar G.R. No. 45993
Heirs of Arturo Reyes v. Elena Socco-Beltran G.R. No. 176474
The Government of the Philippine Islands v. Dolores Lim y Chumbuque G.R. No. 41917
Pedro Martinez v. Antonino Ramos G.R. No. 9417
Hijos de I. de La Rama v. Valentin Inventor G.R. No. 4517
Heirs of Ernesto Morales v. Agustin G.R. No. 224849

Related provisions in this Chapter

Civil Code, Art. 1092 Provisions Common to Testate and Intestate Successions
Civil Code, Art. 1090 Provisions Common to Testate and Intestate Successions
Civil Code, Art. 1093 Provisions Common to Testate and Intestate Successions
Civil Code, Art. 1089 Provisions Common to Testate and Intestate Successions
Civil Code, Art. 1088 Provisions Common to Testate and Intestate Successions
Civil Code, Art. 1094 Provisions Common to Testate and Intestate Successions
Civil Code, Art. 1087 Provisions Common to Testate and Intestate Successions
Civil Code, Art. 1096 Provisions Common to Testate and Intestate Successions

Civil Code, Art. 1091 is found in CHAPTER 4 Provisions Common to Testate and Intestate Successions of TITLE IV SUCCESSION of BOOK III DIFFERENT MODES OF ACQUIRING OWNERSHIP Preliminary Provision of the Civil Code of the Philippines (Republic Act No. 386).

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Reviewed by the Intellegal Legal Team for currency against amending laws and Supreme Court jurisprudence.

Research aid — not legal advice. Verify the current text against the Official Gazette. Provisions may have been amended or repealed. Using this page creates no attorney-client relationship. For legal advice, consult a Philippine lawyer.