ACCEPTANCE AND REPUDIATION OF INHERITANCE
AUTHORIZATION is necessary.
ART. 1041-1042 (CONCEPT OF ACCEPTANCE AND REPUDIATION;
CHARACTERISTICS)
Acceptance – act by virtue of which an heir, legatee or devisee
manifests his desire in accordance with the formalities prescribed by
law to succeed to the inheritance, legacy or devise
Repudiation – act by virtue of which an heir, legatee or devisee
manifests his desire in accordance with the formalities prescribed by
law not to succeed to the inheritance, legacy or devise.
CHARACTERISTICS:
1. Voluntary and Free
2. Retroactive
3. Irrevocable
** Although successional rights are transmitted from the moment of
death of the decedent, the heir must accept the inheritance, devise,
legacy either by will or by operation of law, BEFORE the successional
rights ARE TRANSMITTED. Thus, no acceptance; no transmission of
successional rights.
Q: Can the heirs be COMPELLED to accept? NO.
Acceptance/Repudiation (A/R) are voluntary and free. THUS, during
the interval between the death of the testator and the A/R, the
inheritance, devise, or legacy remains in a state of suspension.
Q: So what happens after acceptance? When is the date of
acceptance? As soon as the inheritance is acceptance, the acceptance
RETROACTS to the very moment of the death of the decedent.
IRREVOCABLE na siya ok.
GENERAL EFFECT OF A/R:
1. If ACCEPTED, the right is perfected/confirmed.
2. If REPUDIATED, he throws away the right which the law
conferred upon him. The vacancy shall pass to those who
are entitled thereto either by right of accetion or in their
own right.
ART 1043 (REQUISITES FOR ACCEPTANCE OR REPUDIATION)
Before a person may accept or repudiate his inheritance, D/L:
1. He must be certain of the death of the persons from he is
to inherit
2. He must be certain of his right to the inheritance.
a. This is always necessary BECAUSE there are cases when
a person is not allowed to inherit.
ART 1044-48 (WHO MAY ACCEPT OR REPUDIATE)
1. WHAT IS IMPORTANT BEFORE A PERSON MAY REPUDIATE:
He must have free disposal of his property
a. REASON: If he cannot freely dispose of his property
such as when he is deaf-mute, or incapacitated in any
other manner, his legal guardian or legal
representative will be the one to accept or repudiate
and in such case, JUDICIAL AUTHORIZATION is
necessary.
2. IF THE BENEFICIARY HAPPENS TO BE THE POOR: the right
to accept or repudiate shall belong to the person
designated by the testator to determine the beneficiaries
and distributed the property.
a. In DEFAULT: the executor
b. As far as the exercise of the right is concerned: only the
beneficiaries may exercise it themselves once they are
FINALLY DETERMINED.
3. IF THE BENEFICIARY IS CORPORATION, ASSOC,
INSTITUTION or ENTITY: the right to A/R belongs to the
legal representative but in case of repudiation, JUDICAL
4. IF THE BENEFICIARY IS A MARRIED WOMAN OF AGE: her
right to accept is subject to the limitation prescribed by Art
114 (she cannot, without her husband’s consent, acquire
any property by gratuitous title, except from her
ascendants, descendants, parents-in-law, and collateral
relatives within the fourth degree).
a. Right to recover of the woman is ABSOLUTE unless
governed by the system of ABSOLUTE COMMUNITY
(Art 200, neither spouse may renounce or repudiate
any inheritance without the consent of the other)
Problem — Can the successional rights of minors or inca- pacitated
persons be waived?
Answer — Art. 1044 of the NCC provides that any person having free
disposal of his property may accept or repudiate an inheritance. Any
inheritance left to minors or incapacitated per- sons may be accepted
by their parents or guardians. Parents or guardians may repudiate
the inheritance left to their wards only by judicial authorization.
Parents and guardians may not therefore waive or repudiate the
inheritance of their wards without judicial approval. This is because
repudiation amounts to an alienation of property which must pass
the court’s scrutiny in order to protect the interest of the ward.
ART 1049-51 (MANNER OF ACCEPTANCE)
(MANNER) Acceptance may be EXPRESS/TACIT
1. Express when made in a public instrument/private
document
2. Tacit when it results from acts by which the intention to
accept is necessarily implied OR which one would have no
right to do except in the capacity of an heir.
EXAMPLES:
a. Acts of Disposition (Art 1050)
b. Failure to A/R within the prescribed period of 30 days
after the issuance of the order of distribution of the
estate (Art 1057)
c. acts of preservation or administration if, through such
acts, the title or capacity of heir has been assumed
d. the filing of a complaint for the partition of the
inheritance
e. alienations of determinate objects of the inheritance
f. compromises regarding objects and rights included in
the inheritance
g. the exercise of any action which pertained to the
decedent during his lifetime and which survives, or the
enjoyment of the inheritance itself
(MANNER)Repudiation (more formal, clear and express)
1. Public instrument (acknowledged before a notary public)
2. Means of authentic instrument (indubitable writing or a
writing whose authenticity or genuine character is admitted
or proved)
3. Petition presented to the court having jurisdiction over the
testamentary /intestate proceedings.
DIFFERENCE BETWEEN ACCEPTANCE AND REPUDIATION
ACCEPTANCE REPUDIATION
Confirmation of the Renders the transmissions
transmission of successional ineffective (Consequences are
rights MORE violent and disturbing;
Cannot be governed by mere
presumptions)
Act of disposition and alienation
 Publicity required for
repudiation is necessary for the
protection of the heirs and also
of creditors
ART 1052 (EFFECT OF REPUDIATION UPON CREDITORS)
Requisites in order to avail of this right:
1. The heir who repudiated his inheritance must have been
indebted at the time when the repudiation is made;
2. that the heir-debtor must have repudiated his inheritance
in accordance with the formalities prescribed by law;
3. that such act of repudiation must be prejudicial to the
creditor or creditors; and
4. that there must be judicial authorization
WHAT HAPPENS AFTER THE CONCURRENCE OF ALL THE REQUISITES?
The creditors can now accept the inheritance in the name of the
renouncer.
WHAT IS THE EXTENT OF THE CREDITORS’ RIGHTS? That which is
sufficient to cover the amount of the credits.
WHAT HAPPENS TO THE EXCESS? IT shall not pertain to the
renouncing heir, but shall be adjudicated to those to whom, in
accordance with the rules established by the Civil Code, it may
belong. Consequently, it may pass to the co-heirs in their own right
or by right of accretion depending upon the circumstances and
conditions of each particular case.
ART 1053-55 (REPUDIATION OF A TESTAMENTARY OF LEGAL HEIR)
RULE IN 1st PAR: if the person called to succeed is a testamentary heir
and a legal heir at the same time and he repudiates his inheritance in
his capacity as a testamentary heir, he is considered to have
repudiated the inheritance in both capacities
 PRESUMPTION IN THIS RULE: his act of repudiation when called
by the testator himself is tantamount to an act of repudiation
when called by the law in accordance with the presumed will of
the decedent.
 NATURE OF REPUDIATION: act becomes final and irrevocable;
CAN NO LONGER accept as a legal heir.
 IF HE REPUDIATES AS A LEGAL/INTESTATE HEIR WITHOUT
KNOWLEDGE OF HIS BEING A TESTAMENTAR HEIR: out of respect
for the wishes of the decedent, he may STILL ACCEPT his share in
his capacity as a testamentary heir.
ART 1056 (IRREVOCABILITY OF ACCEPTANCE/REPUDIATION)
GENERAL RULE: Once accepted/repudiated, can no longer be
IMPUGNED; it becomes IRREVOCABLE
EXCEPTIONS:
1. When A/R was made through any of the causes that vitiate
consent (mistake, violence, intimidation, undue influence, or
fraud)
2. When an unknown will appears
RATIO FOR THE IRREVOCABILITY RULE: To permit the heir who
renounced to change his mind with respect to the acceptance or
repudiation of his inheritance would result in violent disturbance of
rights which are already vested or perfected. This is so because the
moment the decedent dies, the rights to the succession are opened.
 As to Acceptance: it results in transmission of rights and
obligations to the accepting heir; to allow him to change his mind
would destroy the stability of property rights.
 As to Repudiation: results in transmission of the vacant portion
to other heirs by right of accretion or in their own right. To allow
such change would result in chaos and confusion
COLLATION
ART 1061 (CONCEPT OF COLLATION)
IN GENERAL: Collation is defined as the act of returning or restoring
to the common mass of the hereditary estate, either actually or
fictitiously, any property which a person may have received from the
decedent during the latter’s lifetime, but which is understood for legal
purposes as an advance from the inheritance.
3 CONCEPTS OF COLLATION:
1. It is a fictitious mathematical process of adding the value
of the thing donated to the net value of the hereditary
estate (Art 908).
2. It is a process applicable to all donations inter vivos
whether to compulsory heirs or to strangers.
a. IMMEDIATE PURPOSE: to compute the legitime of
compulsory heirs.
3. It includes the subsequent act of imputing (imputar) such
value against the legitime of the compulsory heir to whom
the thing was donated.
a. IMMEDIATE PURPOSE: to compute it in the
determination of the legitime of each compulsory heir,
and in the account of the partition.
b. ULTIMATE PURPOSE: To equalize the position of each
compulsory heir.
4. It is the actual act of restoring to the hereditary estate that
part of the donation which is inofficious.
a. IMMEDIATE PURPOSE: to prevent the impairment of
the legitime of compulsory heirs.
BASIS OF COLLATION: consideration that what a compulsory heir
receives from the decedent by gratuitous title during the lifetime of
the latter is in the nature of an advance on his inheritance. Hence, in
order to equalize the legal portion to which compulsory heirs are
entitled and which such heirs shall ultimately or eventually receive, it
is necessary that such advance must be returned or brought back,
fictitiously, to the hereditary estate.
WHEN AND HOW THE ADVANCE SHOULD BE MADE: during the
lifetime of the decedent by way of donation or any other gratuitous
title (Examples: donation inter vivos; donation propter nuptias;
remission of a debt; or any other title lucrative or gratuitous in title)
WHAT HAPPENS IF DONATION IS MADE TO STRANGERS: must also
be returned to the mass of the hereditary estate fictitiously so that a
proper division can be made.
 When donation is INOFFICIOUS: when a person gives by way of
donation more than what he can give by will. (inofficious with
regard to the EXCESS)
 How to determine whether donation is inofficious or not: there is
no way such donation can be determined as inofficious at the time
the donation is made. It can only be determined when the
decedent donor dies because only then can we know what
portion of his property is at his free disposal.
THUS, THERE IS COLLATION, fictitious in character, of the value of
all donations inter vivos to the net value of the estate, and from
the aggregate sum thus found, the legitime of compulsory heirs
and the portion at the decedent’s free disposal can be determined.
GENERAL CONCLUSION: All donations whether to compulsory heirs
or to strangers, MUST be collated.
LIMITATION: At this stage, collation is merely fictitious
(mathemathical process of adding to the net value of the estate the
value of the things donated).
After the legitime and the disposable portion have been
determined, the value of the donations which had been added to the
net value of the estate are charged or imputed against either the
legitime or the disposable portion.
DONATION TO COMPULSORY HEIRS: imputed against the legitime
DONATION TO STRANGERS: imputed against the disposable free
portion

RULE WHEN DONATIONS ARE INOFFICIOUS: If the donations are

inofficious in the sense that they cannot be contained within the
portion at the decedent’s free disposal, there must be a proper
reduction of such donations in order not to impair the legitime of
compulsory heirs.
EFFECT OF REDUCTION: Actual Restoration. The process is no
longer fictitious; it becomes ACTUAL in character BUT ONLY when the
donation is inofficious.
3 ACTS CONSIDERED BEFORE PARTITION OF THE ESTATE:
1. Collation
2. Imputation
3. Reduction

ART 1062 (WHEN COLLATION SHALL NOT TAKE PLACE)

1. Donor expressly provided – the done ceases to be a
compulsory heir in relation to the donation
a. What happens to the donation’s nature? donation is
no longer an advance from his legitime
b. What about as to imputation? the value thereof shall
not be imputable against such legitime
c. What is the personality of the donee now? He is now a
stranger; the value thereof shall not be imputable
against the disposable free portion accdg. To Art 909.
2. Donee should’ve repudiated his inheritance – donee also
ceases to be a compulsory heir; he becomes a stranger
a. What happens to the imputation? Imputable against
the disposable free portion and not against the
legitime.

“Collation shall not place”

 MEANING: the value of the thing donated shall NOT be imputed
against the legitime; it shall be imputed against the disposable
free portion.
 STATUS OF COLLATION: there IS still collation in the sense used
in Art 908 (the value of the thing donated shall still be added to
the net value of the estate. The only difference is that it is
imputable against the disposable portion and not against the
legitime of the beneficiary.)
ART 1063 (PROPERTY LEFT BY WILL)
(GENERAL RULE) MEANING OF PROPERTY LEFT BY WILL IS NOT
DEEMED SUBJECT TO COLLATION: it cannot be imputed against the
legitime of the compulsory heirs; can only be imputed against the DFP
(disposable free portion)
SCOPE OF APPLICATION: devises&legacies
(EXCEPTION) WHEN CH IS ALSO A LEGACY/DEVISEE/VOLUNTARY
HEIR: there is no longer any equality of compulsory heirs; the
devisees/legacies shall not impair the legitime of the CH if they do,
they shall be reduced accdg to Art 911. (here, the general rule shall
no longer be applied)

ART 1064 (COLLATION OF REPRESENTATION)

REASON FOR THE RULE: if the rule were otherwise, there would be
no equalization of heirs.
ESSENCE OF THE RULE: what the law means when it says that the
grandchild shall bring to collation all that his father or mother, if alive,
would have been obliged to bring, is that the value of the donation
shall be imputed against his lifetime as a representative and not
against the disposable portion

ART 1065 (DONATIONS TO CHILDREN OF COMPULSORY HEIRS)
GEN RULE: Parents are not obliged to collate any property which their
ascendants may have donated to their children. SO, with respect to
the inheritance coming from an ascendant, the parents are
compulsory heirs, while the children of such parents are mere
strangers.
WHO ARE THE BENEFICIARIES: parents NOT THE CHILDREn OK
IMPUTATION: imputed against the disposable free portion as in the
case of donations inter vivos to strangers.
ART 1066 (DONATIONS TO SPOUSE OF CHILD)
PERSONALITY OF THE SPOUSE OF THE CHILD: A MERE STRANGER
WHAT HAPPENS TO THE DONATION HERE:
1. if the donation is given by the parents to such spouse, it shall
not be collated;
2. if it is given to the spouse jointly, the presumption is that
one-half of the donation belongs to the child or
compulsory heir, while the other half belongs to the
spouse or stranger.
A. OBLIGATION OF THE CHILD - collate his one-half
undivided share. It shall, therefore, be imputed
against his legitime.
B. OBLIGATION OF THE SPOUSE - the other undivided half
which belongs to the spouse shall be imputed against
the disposable portion.
ART 1067 (EXPENSES FOR SUPPORT)
GENERAL RULE: there is no collation, even in the sense of charging
what had been given to the free portion.
PROHIBITION ON PARENTS: As a matter of fact, the parents or
ascendant cannot even provide that such expenses shall be collated
(ABSOLUTE NA HINDI AS COMPARED TO NEXT ARTICLE)
NATURE OF EXPENSES: not donations; do not constitute an advance
which must be imputed/charged later on against the legitime of the
beneficiary
IS IS SUBJECT TO COLLATION: HELL NO
WHY ARE THEY NOT IN THE NATURE OF DONATIONS: the person
giving them does so because it is his moral obligation to give them.
ART 1068 (EXPENSES FOR CAREER)
GENERAL RULE: expenses incurred by parents in giving their children
a professional/vocational/other career, are NOT TO BE COLLATED.
EXCPETIONS:
1. If the parents so provided
2. If the expenses impair the legitime of the compulsory heirs
WHAT WILL HAPPEN TO SUCH EXPENSES: In both exceptions the sum
which the child would have spent if he had lived in the house and
company of his parents shall be deducted from that which shall be
collated.
SIMILARITY WITH ART 1067: Both classified at expenses for support.
MEANING OF NOT SUBJECT TO COLLATION: can’t be imputed against
the legitime of compulsory heirs; imputable only against the DPF;
such expenses or donations shall be considered as advances of the
heir’s legitime, and, therefore, shall not be imputable against such
legitime but only against the disposable portion.
REASON: such expenses are not so insignificant/trivial; should be
imputed against the DPF.
IS THIS RULE APPLICABLE TO ART 1067? NO because such expenses
and gifts are so necessary and yet so trivial in character that it would
be absurd to collate them to the mass of the hereditary estate and,
afterwards, impute them either against the legitime or against the
disposable portion. Hence, the rule that such expenses or gifts shall
not be collated must be applied in its literal sense.
LIMITATION OF THE RULE: Art. 1068 refers only to expenses incurred
by the parents in giving their children a professional, vocational or
other career. It does not refer to expenses incurred after the
completion of such professional, vocational or other career.
(Examples: expenses for a law library, medical instruments, a drug
store, a vessel for a mariner, or a commercial establishment for a
businessman are not within the purview of the article. Such expenses
shall be collated and, therefore, are imputable against the legitime of
the recipient or beneficiary.)
ART 1069 (PAYMENTS FOR DEBTS OF CHILDREN)
WHAT THE ARTICLE IS ALL ABOUT: cases in which the parents spend
for their children with the obligation on the part of the latter to bring
such expenses to collation after the death of the parents in order to
equalize the portion which shall pass to each of the compulsory heirs.
LIMITATION: the act of the parents in paying for the child must be an
act of liberality not resulting in the creation of a relationship or
creditor-debtor.
REASON FOR LIMITATION: Because if the rule were OTHERWISE:
1. the obligation of the child shall no longer be to collate the
amount paid or spent, but to pay the estate such amount.
2. The child becomes a debtor and if the amount is not paid
before the death of the decedent, he can always be held
liable for the payment of the debt.
3. Even if he repudiates the inheritance, he shall still be liable
for the full amount of his debt.
And if the rule were to be followed:
1. The obligation of the child is only to collate
2. Even if he chooses to repudiate, his position would be
similar to a stranger; the amount expended would be
imputable to the DPF (In this case, Art 1062 would apply)
ACTS CONTEMPLATED BY THE ARTICLE:
1. Paying debt of child
2. Spending for the election of a favorite child to a public office
3. Saving a child from disgrace by paying a fine imposed by the
court of law
4. Any other similar act
ART 1070 (WEDDING GIFTS)
GENERAL RULE: wedding gifts coming from parents and ascendants
consisting of jewelry, clothing, and outfit are not subject to collation.
Hence, they shall not be reduced as inofficious UNLESS they exceed
one-tenth (1/10) of the sum which is dispos-able by will.
WHAT HAPPENS TO THE EXCESS: shall NOT BE COLLATED in the sense
that it shall be imputed against the legitime of the beneficiary.
REASON FOR THE RULE: prevent any abuse that would result because
of vanity/love thus prejudicing the other compulsory heirs.
HOW TO APPLY THE RULE: the wedding gift shall not be considered
as an advance of the legitime of the recipient so long as it does not
exceed one-tenth (1/10) of the disposable free portion. As such, it
will be considered as a donation inter vivos chargeable against the
disposable free portion. However, once it exceeds one-tenth (1/10)
of the disposable free portion, the excess will then be considered as
an advance of the legitime of the recipient.
ART 1071 (WHAT MUST BE COLLATED)
GENERAL RULE IN DONATIONS: Their subsequent increase or
deterioration and even their total loss or destruction, be it accidental
or culpable, shall be for the benefit or account and risk of the donee.
GENERAL RULE OF THIS ARTICLE: to bring back to the mass of the
hereditary estate the same thing donated by the decedent during his
lifetime would be impracticable or even impossible at times. Hence,
the rule is that only the value of the thing donated shall be brought
to collation.
WHAT IS THE VALUE: value of the thing donated at the time of the
donation even though its just value may not have then been assessed
.DETERMINATION OF VALUE:
1. Movable – via agreement of the parties; if no agreement,
then based on expert appraisal
2. Immovable/Real – value may be stated in the public
instrument which conveys the object; if no value is
apparent/agreed upon, the tax assessments or cadastral
surveys.
RULE IN 2nd PAR
 It’s in conformity with the rule that once the donation has been
perfected, there is a transfer of ownership.
 Donee becomes the owner of the thing donated.
 Risk of loss, deterioration must fall upon him (res perit domino)
 Any subsequent increase falls upon the done
 By principle of accession, any increase in the value would be for
the benefit of the donee.
ART 1072 (RULE FOR FONATIONS MADE BY BOTH PARENTS)
Since, ordinarily, the parents act in concert whenever an advance is
given to a favorite child or to a child in need, the donation generally
forms a part of the conjugal property. Hence, when the value of the
thing donated is brought to collation, one-half of the amount is
brought to the inheritance of the father, and the other half to that
of the mother. However, that given by one alone shall be brought to
collation in his or her inheritance only.
ART 1073-74 (RULE FOR EQUALIZATION OF SHARES OF HEIRS)
RULE AFTER DETERMINATION OF SHARES:
1. The donee’s share shall be reduced by an amount equal to
that already received by him.
2. Co-heirs shall, in turn, receive an equivalent, as much as
possible, in property of the same nature, class and quality
(as taken from the estate).
RULE IN 1st PAR of 1074
 What’s the situation under this provision? a case in which the
property donated is an immovable and it is impracticable to give
the co-heirs an equivalent in property of the same nature, class
and quality.
 RULE IF IMMOVABLE: give the co-heirs its equivalent in cash or
securities at the rate of quotation.
a. If still impracticable or impossible by reason of lack of cash or
marketable securities, the recourse is to sell at public auction
as much of the other property as may be necessary.
 RULE IF MOVABLE: co-heirs shall have the right to select an
equivalent of other personal property of the inheritance at its
just price.
IMPORTANT RULE: ABSOLUTE EQUALIZATION OF ALL THE HEIRS IS
IMPOSSIBLE.
ART 1075 (RULE REGARDING FRUITS AND INTEREST)
GENERAL RULE: since the ownership of the property donated falls on
the donee, it is natural that the fruits and interests of the property
donated shall also vest in the donee from that time.
LIMITATION: once the rights to the succession are opened by the
death of the decedent-donor, the obligation to collate the value of
the thing or property donated also arises.
RIGHTS OF HEIRS: All of the heirs called to the succession acquire
some right with respect to what is collated; whats supposed to be
collated becomes part of the mass of the hereditary estate. THEY ALL
BECOME CO-OWNERS OF SUCH ESTATE from the moment of the
death of the decedent.
What happens to the fruits then? The fruits and interest from the
moment of death shall pertain to the hereditary estate.
ART 1076 (COLLATION IN KIND)
“The provisions of Article 1076 could be applied only to the case of a
donation that becomes revoked as inofficious in its to- tality under
the rules of Article 912; it is only then that the very same thing
donated must be returned. But that is not collation. Art. 1076 in its
present form should be placed with the other articles treating of the
reduction of donations in the chapter on legitime.”
PARTITION AND DISTRIBUTION OF ESTATE
ART 1078-79 (CONCEPT AND CLASSIFICATION OF PARTITION)
CLASSES OF PARTITION
1. EXTENT
A. Total – all of the things comprised in the whole estate
are divided among all of the participants/co-owners.
B. Partial – some of the things are divided among all or
some of the participants/co-owners, the rest
remaining in a state of indivision or community
ownership.
2. DURATION
A. Provisional – division is merely temporary or
transitory until a final or definite division is made.
B. Definite – stable, final, absolute
3. MANNER/METHOD
A. Judicial – court intervenes in the division
1. Ordinary Action for Partition
2. Judicial Summary Settlement
3. Administration Proceedings
B. Extrajudicial – effected by the testator himself or by
some person named by such testator, or by the
participants/co-owners themselves amicably or by
common accord.
WHO MAY EFFECT PARTITION
1. Decedent himself – during his lifetime or by an act inter
vivos or by will
2. Third person designated by the decedent
3. By the heirs themselves
4. Competent court (RoC)
WHAT IS AN EXTRAJUDICIAL PARTITION: under Section 1, Rule 74 of
the Rules of Court, an extrajudicial settlement of the estate applies
only to the estate left by the deceased who died without a will and
with no creditors, and the heirs are all of age or the minors are
represented by their judicial or legal representatives. (Example: If
the property does not belong to the estate of the decedent, the same
being an exclusive property of the husband, it cannot be the subject
matter of an extrajudicial partition).  Only the property of the
estate of the decedent transmitted by succession can be the lawful
subject matter of this kind of partition.
 Can there be extrajudicial partition during the lifetime of the
owner? NO, because partition of future inheritance is prohibited
by law.
ARTICLE 1080 (PARTITION BY DECEDENT)
2 WAYS:
1. BY AN ACT INTER VIVOS – may take place in an ordinary
public instrument when such is required; rules regarding
ordinary conveyance governs
A. Partition effected by any person through an act inter
vivos constitutes an exception to the prohibition as to
future inheritance in Art 1347.
2. BY WILL – executed in a valid will accdg to formalities
prescribed by law
LIMITATION: must not prejudice the legitime of compulsory heirs
ART 1081 (PARTITION BY THIRD PERSONS)
WHAT IS ENTRUSTED: power of partition (not the power to distribute
the estate)
NATURE OF SUCH POWER: power to act as a mere agent.
HOW EXERCISED: mere physical act of partition must be done
pursuant to the act of distribution.
WAYS OF ENTRUSTING THE POWER OF PARTITION: inter vivos or by
will.
ART 1082-84 (WHO CAN DEMAN PARTITION)
It may demanded by:
1. Any compulsory heir
2. Any voluntary heir
3. Any legatee/devisee
4. Any person who has acquired an interest in the estate
When partition CANNOT BE DEMANDED:
1. When such partition has been expressly prohibited by the
testator himself for a period which shall not exceed 20YRS
A. Even though the partition is prohibited by the testator,
the co-ownership may still be terminated provided
 that any of the causes for which a partnership is
dissolved exists
 court finds for compelling reasons that a division
should be ordered.
2. When the co-heirs have agreed that the estate shall not be
divided for a period which shall not exceed 10YRS,
renewable for another 10 yrs.
3. When such partition is prohibited by law (Example: family
homes; party walls)
4. When to partition the estate would render it unserviceable
for the use for which it is intended  what is prohibited
here is only the physical division of the estate; thus,
partition may still be demanded is made accdg to Art 1086.
ART 1085-88 (LEGAL REDEMPTION IN FAVOR OF CO-HEIRS)
WHAT IS CONTEMPLATED: the legal redemption is predicated upon
the fact that the sale made by the co-heir is effected before the
partition of the estate BUT AFTER the death of the decedent.
BASIS: Since the rights to the succession are transmitted at the very
moment of the death of the decedent, there is no question about the
right of an heir to alienate his undivided share in the inheritance.
LIMITATION BEFORE RIGHT MAY BE EXERCISED: he has the
obligation to notify the other co-heirs of the alienation.
FORMALITY OF THE NOTIFICATION: must be in writing
HOW THE RIGHT OF REDEMPTION IS EXERCISED BY THE OTHER CO-
HEIRS: the co-heirs are given one month from the time of such
notification within which to exercise their right of redemption by
reimbursing the vendee for the price of the sale.
REQUISITES IN ORDER TO EXERCISE THE RIGHT OF REDEMPTION:
1. There must be several co-heirs
2. One of them sells his rights to a stranger
3. Sale is made BEFORE the partition is effected
4. Right of redemption must be exercised by one or more of the co-
heirs within a period of 1MONTH to be counted from the time
they were notified in writing by the co-heir vendor
5. Vendee is REIMBURSED for the price of the sale.
ART 1097-1100 (RESCISION OF PARTITION DUE TO LESION)
GENERAL RULE: if in the partition anyone of the co-heirs should
receive a share whose value is less, by at least one-fourth (1/4), than
the share to which he is entitled, considering the value of the things
at the time they were adjudicated, the partition, whether judicial or
extrajudicial, may be rescinded on account of lesion (Art 1098)
Other cases when contracts may be rescinded on account of lesion
under Art 1381:
1. those which are entered into by guardians whenever the wards
whom they represent suffer lesion by more than one-fourth of
the value of the things, which are the object thereof;
2. those agreed upon in representation of absentees, if the latter
suffer the lesion stated in the preceding number.

EXCEPTION TO THE GENERAL RULE OF THIS ARTICLE: if the

partition, however, was effected by the decedent himself either by
an act inter vivos or by will, it cannot be impugned on the ground
of lesion.

EXCEPTIONS:
1. When the legitime of the compulsory heir is prejudiced
2. When it appears or may be reasonably presumed that the
intention of the testator was otherwise.

ART 1101-1105 (EFFECT OF INCLUSION OF INTRUDER IN PARTITION)

3 ASPECTS:
A. one heir shares the inheritance with other heirs who were
mistakenly believed to be so during the partition.
 Art. 1105 applies.
 The partition is totally void.
 Effect of declaration of nullity: shall only result in the
delivery of everything that had been adjudicated to the
real heir since a new partition is impossible considering
that there is only one heir.
B. There are several heirs, but a third person, without any
right, had participated in the partition in the belief that he
was one of the heirs of the deceased
 although there was consent in the transmission of the
share to the intruder, said transmission is void.
 Art. 1105 is also applicable.
C. Through error or mistake, a third person without any right
is allotted the share that would have been given to a real
heir
 Both Arts. 1104 and 1105 shall apply.
 Under Art. 1104, the partition shall not be rescinded,
unless it be proved that there was bad faith or fraud on
the part of the other persons interested; but the latter
shall be proportionately obliged to pay to the person
omitted the share which belongs to him.
 Under Art. 1105, the partition shall be void, but only
with respect to the intruder. Hence, there must be a
declaration of nullity of the partition, but only with
respect to the share adjudicated to the intruder. This
share, including fruits, shall, in turn, be delivered to the
omitted heir as payment of his share, without prejudice
to any additional obligation incurred under Art. 1104.