- Statute
- Civil Code
- Article
- Art. 925
- 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. 858a of the old Civil Code
- Year
- 1949
- Cited by
- Multiple Supreme Court decisions
The provision
A testator may charge with legacies and devises not only his compulsory heirs but also the legatees and devisees. The latter shall be liable for the charge only to the extent of the value of the legacy or the devise received by them. The compulsory heirs shall not be liable for the charge beyond the amount of the free portion given them. (858a)
Intellegal Wiki · In plain terms
A testator may impose burdens (charges) in a will not only on compulsory heirs but also on those receiving gifts, namely legatees and devisees. Recipients of gifts must bear the charge only up to the value of what they received, while compulsory heirs are never liable beyond the freely disposable portion given to them.
An editorially maintained plain-language explanation of this provision — not legal advice.
Cases applying this article
- In Re Will of the Deceased Rosario Fabie y Grey. Jose Grey v. Serafin Fabie G.R. No. 45160
- Manuel Sarita v. Andres Candia G.R. No. 7768