- Statute
- Civil Code
- Article
- Art. 912
- 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. 821 of the old Civil Code
- Year
- 1949
- Cited by
- A Supreme Court decision
The provision
If the devise subject to reduction should consist of real property, which cannot be conveniently divided, it shall go to the devisee if the reduction does not absorb one-half of its value; and in a contrary case, to the compulsory heirs; but the former and the latter shall reimburse each other in cash for what respectively belongs to them. The devisee who is entitled to a legitime may retain the entire property, provided its value does not exceed that of the disposable portion and of the share pertaining to him as legitime. (821)
Intellegal Wiki · In plain terms
If a devise of real property must be reduced to protect compulsory heirs' legitimes and the land cannot be conveniently divided, it goes wholly to the devisee when the reduction takes less than half its value, and otherwise to the compulsory heirs — with each side reimbursing the other in cash. A devisee who is himself a compulsory heir may keep the whole property if its value stays within the disposable portion plus his legitime.
An editorially maintained plain-language explanation of this provision — not legal advice.