- Statute
- Philippine Civil Code
- Article
- Art. 911
- 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. 820a of the old Civil Code
- Year
- 1949
The provision
After the legitime has been determined in accordance with the three preceding articles, the reduction shall be made as follows: (1) Donations shall be respected as long as the legitime can be covered, reducing or annulling, if necessary, the devises or legacies made in the will; (2) The reduction of the devises or legacies shall be pro rata, without any distinction whatever. If the testator has directed that a certain devise or legacy be paid in preference to others, it shall not suffer any reduction until the latter have been applied in full to the payment of the legitime. (3) If the devise or legacy consists of a usufruct or life annuity, whose value may be considered greater than that of the disposable portion, the compulsory heirs may choose between complying with the testamentary provision and delivering to the devisee or legatee the part of the inheritance of which the testator could freely dispose. (820a)
Intellegal Wiki · In plain terms
Sets the sequence for scaling back gifts in a will once they exceed what the testator could legally give away. Donations are honored first so long as the legitime (the heirs' guaranteed share) stays covered; otherwise devises and legacies are cut proportionally, unless the testator directed one to be paid ahead of others, and special rules apply to a usufruct or life annuity.
An editorially maintained plain-language explanation of this provision — not legal advice.