- Statute
- Civil Code
- Article
- Art. 939
- 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
- Year
- 1949
- Cited by
- A Supreme Court decision
The provision
If the testator orders the payment of what he believes he owes but does not in fact owe, the disposition shall be considered as not written. If as regards a specified debt more than the amount thereof is ordered paid, the excess is not due, unless a contrary intention appears. The foregoing provisions are without prejudice to the fulfillment of natural obligations. (n)
Intellegal Wiki · In plain terms
If a testator directs payment of a debt he believes he owes but actually does not, that instruction is disregarded as if unwritten. If he orders more paid on a real debt than is actually due, the excess need not be paid unless he clearly intended otherwise. These rules do not stop the voluntary fulfillment of natural (morally binding) obligations.
An editorially maintained plain-language explanation of this provision — not legal advice.
Cases applying this article
- Valentina de Torres v. Narciso de Torres G.R. No. 9234