article 1076-1079

8/13/2019 ARTICLE 1076-1079

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ARTICLE 1076

The co-heirs are bound to reimburse to the donee the necessary expenses which he

has incurred or the preser!ation o the property donated to him" thou#h they may not

ha!e au#mented its !a$ue%

The donee who co$$ates in &ind an immo!ab$e" which has been #i!en to him" must be

reimbursed by his co-heirs or the impro!ements which ha!e increased the !a$ue o

the property" and which exist at the time the partition is eected%

As to wor&s made on the estate or the mere p$easure o the donee" no reimbursement

is due him or them' he has" howe!er" the ri#ht to remo!e them" i he can do so

without in(urin# the estate%

RET)R*I*+ I* ,I*

• The donation is tota$$y reduced because it is comp$ete$y inoicious A*

• The donee either has no money or does not desire to reimburse in money%

Article 1071

The subse.uent increase or deterioration and e!en the tota$ $oss or destruction

o the thin# donated" whether accidenta$ or cu$pab$e" sha$$ be or the beneit or

account and ris& o the donee%

ARTICLE 1071 ARTICLE 1076

The donee is the only one who benefits from

the preservation of the thing.

The co-heirs benefit from the preservation,

therefore are liable to reimburse the donee

for the expenses of the preservation.

The thing donated are not to be brought to

collation and partition, but only their value atthe time of the donation.

A donee may collate in kind an immovable

given to him.

Artic$e 1076 reers not to co$$ation in its proper sense" but to the reduction o

inoicious donations%

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• /hen the donation has been ound inoicious and is sub(ect to reduction" the

donee may choose to return the excess to the hereditary estate in cash or in

part of the very property donated.

• I the return is in kind " the value at the time of the death of the decedent shou$d

be the basis o the proportion%

• The amount o the excess of the inofficious donation represents the amount of

impairment of the legitimes.

e.g.

Jordan donated to Kobe a parcel of land worth P10,000. t the time of Jordan!s

death, the land was already worth P"0,000.

#f after collating P10,000 and the legitimes and free portion have been

determined, it is found that the donation is inofficious to the extend of P$,000, which

portion or fraction of the land should be returned to the estate%

The !a$ue o the $and at the time o the death o the decedent 20" 000

The amount o the excess o the inoicious donation represents the

amount o the impairment o the $e#itimes 3" 000

4 o the $and shou$d be returned to the estate%

Jordan donated to Kobe a parcel of land worth P1 million. t the time of

Jordan!s death, he had one legitimate son, one surviving spouse, and one

acknowledged natural child. t that time too, the land was already worth P& million.

'ow much value of land, if any, must be returned to the estate%

(egitimate )hild 5 12 $e#itime

*urviving *pouse 5 1 $e#itime

cknowledged +atural )hild 5 1 $e#itime

1 mi$$ion

1 o the present !a$ue o the $and 8P1 million - state

9ruits o the 4 - state

Remainin# : ; Kobe

ARTICLE 1077

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<hou$d any .uestion arise amon# the co-heirs upon the ob$i#ation to brin# to

co$$ation or as to the thin#s which are sub(ect to co$$ation" the distribution o the

estate sha$$ not be interrupted or this reason" pro!ided ade.uate security is #i!en%

• isputes amon# co-heirs with respect to the ob$i#ation to co$$ate may be

determined in the course o administration proceedin#s%

• rescription on co$$ation wi$$ not run as $on# as the donor is sti$$ a$i!e%

• =n$y properties recei!ed by #ratuitous tit$e may be the sub(ect o co$$ation%

• 9ina$ (ud#ments by the proper court re#ardin# .uestions on co$$ation are bindin#

both on the person who raised the issue" and on the heirs concerned%

•

/hen the estate proceedin#s ha!e not yet reached the sta#e o partitionin# andthen distributin# the property" any .uestion o co$$ation that is brou#ht up can be

re#arded as ha!in# been premature$y raised%

ARTITI=*

ARTICLE 107>

/here there are two or more heirs" the who$e estate o the decedent is" beore its

partition" owned in common by such heirs" sub(ect to the payment o debts o the

deceased%

C=-?EIR<?I @E9=RE T?E ARTITI=*

“Co-heirs are co-owners%”

ordan has two chi$dren" ,obe and ,yrie% I ordan dies" ,obe and ,yrie wi$$ beco-heirs o the who$e estate" sub(ect o course to the payment o debts%

e.g.

1% ordan has two chi$dren ,obe and ,yrie% ordan dies $ea!in# ,obe and ,yrie

100"000 cash and a piece o $and%

I the property is not yet partitioned

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,obe and ,yrie are co-owners as co-heirs% Thereore" i one shou$d se$$ his share to a

stran#er" the ri#ht o $e#a$ redemption is that pro!ided or by $aw or co-heirs% /rt.

10.

2% ordan has two chi$dren ,obe and ,yrie% ordan dies $ea!in# ,obe and ,yrie

100"000 cash and a piece o $and%

<uppose the inheritance is partitioned this way

Kobe and Kyrie get P$0,000 cash each but they will continue to en2oy the land

undivided.

And suppose Kyrie later on sells to James, a stranger, his right or share in the land "

what ru$es on $e#a$ redemption shou$d app$yB

The ru$es on a sa$e by a co-owner /rt. 13"0,

and not by a co-heir% /rt. 10.

Reason There has a$ready been a partition o the inheritance%

ARCE*A< !s CI*C=

L-29288, Nov. 29, 1976

4)5*6

A parce$ o $and was e.ua$$y owned by two indi!idua$s but one o them had in good faith introduced improvements thereon by planting 700 coconut trees% ?ow

shou$d the $and be partitionedB

'(86

Ater #i!in# the impro!er e.uitab$e compensation or the impro!ements" the

!a$ue o the estate 8ater deductin# the compensation ad!erted to shou$d be di!ided

e.ua$$y amon# the co-owners 8or co-tenants%

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• A co-heir cannot ac.uire the share o the others by prescription%

• Co-ownership is extin#uished when the portions are concrete$y determined

and technica$$y described%

<)DDAR A)ICATI=* T?R) A* A99IAFIT

=*E ?EIR

*o need or (udicia$ dec$aration o heirship and he may summari$y ad(udicate

to himse$ the entire estate by means o an aida!it i$ed in the oice o the

Re#ister o eeds%

T/= =R D=RE ?EIR<

Assi#n the who$e o the properties $et or distribution to the heirs in certain

deinite proportions" an a$i.uot part pertainin# to each o the heirs%

Extra(udicia$ <ett$ement by A#reement @etween ?eirs

/*ec 1, 9ule :&, 9ules of )ourt

• The decedent $et no wi$$'

• The decedent $et no debts" or i there were debts $et a$$ had been paid'

• The heirs and $i.uidators are a$$ o a#e" or i they are minors" the $atter are

represented by their (udicia$ #uardian or $e#a$ representati!es' and

• The partition was made by means o a pub$ic instrument or aida!it du$y i$ed

with the Re#ister o eeds%

• The act that a person predeceased the decedent does not mean that he or" more

accurate$y" his heirs" $ose the ri#ht to share in the partition o the property%

• /hen there are two or more heirs" it is !a$id or an heir to se$$ his share in an

estate pendin# $i.uidation%

• ?eirs are not a$$owed to interere whi$e the property is sti$$ under administration%

• A deed o extra(udicia$ sett$ement is a pub$ic document%

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- The court is a$$owed to compe$ the executor or administrator to submit a drat or

pro(ect o partition so that the court may be suicient$y inormed o the properties it

has to distribute%

- E!en beore debts o the estate ha!e been paid or beore ina$ accountin# by

the administrator or executor" partia$ or ad!anced distribution o the estatemay be made by the court%

- I the properties ha!e a$ready been distributed" the creditors can sti$$ demand

reco!ery rom the heirs%

- endin# administration proceedin#s in the probate court" it is improper to i$e

a separate independent action or partition%

- A (udicia$ partition is not !a$id and does not bind heirs who were not parties

thereto%

Extra(udicia$

a. Dade by the testator% (Art. 1080)

b. Dade by the decedent in an act inter vivos% (Art. 1080)

c. Dade by the heirs themse$!es (Rule 74, Sec. 1, Rules of Court)

d. Dade by a third person entrusted by the testator or decedent% (Art. 1081, !r. 1)

Extra(udicia$ artition Dade by the ?eirs

1% Can be done as $on# as

a% There are *= debts

b. E!eryone concerned is =9 A+E or represented by +)ARIA*<% (Sec. 1,

Rule 74, Rules of Court).

2% Can be done =RALL" and the same wou$d be !a$id i ree$y entered into%

H% A pub$ic instrument is needed to re#ister the a#reement 8to pre2udice third

parties%

% It is presumed there are *= debts i within two years rom the death o the

deceased" no creditor has petitioned or $etters o administration%

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/ho Can Eect artition

• ecedent himse$ durin# his $ietime by an act inter vivos or by wi$$%

• ?eirs%

• Competent court%

• Third person desi#nated by the decedent%

article 1076-1079

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