Civil Code Art. 1104: Provisions Common

Statute: Civil Code
Article: Art. 1104
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. 1080 of the old Civil Code
Year: 1949
Cited by: Multiple Supreme Court decisions

The provision

A partition made with preterition of any of the compulsory heirs shall not be rescinded, unless it be proved that there was bad faith or fraud on the part of the other persons interested; but the latter shall be proportionately obliged to pay to the person omitted the share which belongs to him. (1080)

Intellegal Wiki · In plain terms

A partition that entirely leaves out (preterits) a compulsory heir is not canceled merely because of the omission, unless it is proven the other interested parties acted in bad faith or fraud. Instead, those others must proportionally pay the omitted heir the share that belongs to him.

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

Cases applying this article

Juan Castro, Demandante Y Apelado, Contra Acro Taxicab Co., Inc., Demandada Y Apelante G.R. No. 49155
Dionisia Monis Lagunilla v. Andrea Monis Velasco G.R. No. 169276

Related provisions in this Chapter

Civil Code, Art. 1103 Provisions Common to Testate and Intestate Successions
Civil Code, Art. 1105 Provisions Common to Testate and Intestate Successions
Civil Code, Art. 1101 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. 1104 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.