Civil Code Art. 948: Testamentary Succession

Statute: Civil Code
Article: Art. 948
Topic: Testamentary Succession
Book: BOOK III DIFFERENT MODES OF ACQUIRING OWNERSHIP Preliminary Provision
Title: TITLE IV SUCCESSION
Chapter: CHAPTER 2 Testamentary Succession
Formerly: Art. 882a of the old Civil Code
Year: 1949

The provision

If the legacy or devise is of a specific and determinate thing pertaining to the testator, the legatee or devisee acquires the ownership thereof upon the death of the testator, as well as any growing fruits, or unborn offspring of animals, or uncollected income; but not the income which was due and unpaid before the latter's death. From the moment of the testator's death, the thing bequeathed shall be at the risk of the legatee or devisee, who shall, therefore, bear its loss or deterioration, and shall be benefited by its increase or improvement, without prejudice to the responsibility of the executor or administrator. (882a)

Cases applying this article

Leonor Camcam v. Honorable Court of Appeals G.R. No. 142977

Related provisions in this Chapter

Civil Code, Art. 950 Testamentary Succession
Civil Code, Art. 945 Testamentary Succession
Civil Code, Art. 952 Testamentary Succession
Civil Code, Art. 944 Testamentary Succession
Civil Code, Art. 943 Testamentary Succession
Civil Code, Art. 953 Testamentary Succession
Civil Code, Art. 939 Testamentary Succession
Civil Code, Art. 936 Testamentary Succession

Civil Code, Art. 948 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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