Philippine Civil Code Art. 930: Testamentary Succession

Statute: Philippine Civil Code
Article: Art. 930
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. 862a of the old Civil Code
Year: 1949
Cited by: A Supreme Court decision

The provision

The legacy or devise of a thing belonging to another person is void, if the testator erroneously believed that the thing pertained to him. But if the thing bequeathed, though not belonging to the testator when he made the will, afterwards becomes his, by whatever title, the disposition shall take effect. (862a)

Intellegal Wiki · In plain terms

A gift in a will of property that actually belongs to someone else is void if the testator mistakenly believed the property was his. But if the testator later acquires that property by any means, the gift then takes effect.

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

Cases applying this article

Nelfa Delfin Trinidad v. Salvador G. Trinidad G.R. No. 254695

Related provisions in this Chapter

Civil Code, Art. 925 Testamentary Succession
Civil Code, Art. 935 Testamentary Succession
Civil Code, Art. 924 Testamentary Succession
Civil Code, Art. 936 Testamentary Succession
Civil Code, Art. 921 Testamentary Succession
Civil Code, Art. 939 Testamentary Succession
Civil Code, Art. 943 Testamentary Succession

Civil Code, Art. 930 is found in CHAPTER 2 Testamentary Succession 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 Provisions may have been amended or repealed.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.