Civil Code Art. 1103: Provisions Common

Statute: Civil Code
Article: Art. 1103
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. 1079a of the old Civil Code
Year: 1949
Cited by: Multiple Supreme Court decisions

The provision

The omission of one or more objects or securities of the inheritance shall not cause the rescission of the partition on the ground of lesion, but the partition shall be completed by the distribution of the objects or securities which have been omitted. (1079a)

Intellegal Wiki · In plain terms

Leaving out one or more items or securities of the estate does not undo (rescind) an otherwise valid partition on the ground of lesion (unfair shares). Instead of canceling the partition, the fix is simply to distribute the omitted items among the heirs.

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

Cases applying this article

Honrion Lasam v. Frank Smith, Jr. G.R. No. 19495
Ignacio del Prado v. Manila Electric Co. G.R. No. 29462

Related provisions in this Chapter

Civil Code, Art. 1104 Provisions Common to Testate and Intestate Successions
Civil Code, Art. 1101 Provisions Common to Testate and Intestate Successions
Civil Code, Art. 1105 Provisions Common to Testate and Intestate Successions
Civil Code, Art. 1100 Provisions Common to Testate and Intestate Successions
Civil Code, Art. 1096 Provisions Common to Testate and Intestate Successions
Civil Code, Art. 1094 Provisions Common to Testate and Intestate Successions
Civil Code, Art. 1093 Provisions Common to Testate and Intestate Successions
Civil Code, Art. 1092 Provisions Common to Testate and Intestate Successions

Civil Code, Art. 1103 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 Provisions may have been amended or repealed.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.