- Statute
- Civil Code
- Article
- Art. 854
- Topic
- Testamentary Succession
- Status
- In force
- Book
- BOOK III DIFFERENT MODES OF ACQUIRING OWNERSHIP Preliminary Provision
- Title
- TITLE IV SUCCESSION
- Chapter
- CHAPTER 2 Testamentary Succession
- Formerly
- Art. 814a of the old Civil Code
- Year
- 1949
- Cited by
- Multiple Supreme Court decisions
The provision
The preterition or omission of one, some, or all of the compulsory heirs in the direct line, whether living at the time of the execution of the will or born after the death of the testator, shall annul the institution of heir; but the devises and legacies shall be valid insofar as they are not inofficious. If the omitted compulsory heirs should die before the testator, the institution shall be effectual, without prejudice to the right of representation. (814a)
Intellegal Wiki · In plain terms
Leaving out a compulsory heir in the direct line — whether alive when the will was made or born after the testator's death — cancels the naming of heirs in the will, though gifts of specific property (devises and legacies) stand as long as they don't impair the reserved legitime. If the omitted heir dies before the testator, the appointment holds, without prejudice to the representation rights of that heir's descendants.
An editorially maintained plain-language explanation of this provision — not legal advice.
Cases applying this article
- Flora L. Tubera-Balintec v. Heirs of Cesar L. Tubera G.R. No. 235701
- Iris Morales v. Ana Maria Olondriz G.R. No. 198994
- Nuguid v. Nuguid G.R. No. L-23445
- Maninang v. Court of Appeals G.R. No. L-57848
- Ventura v. Ventura G.R. No. L-23875