LEGACIES AND DEVISES law) but also on the **recipients of other legacies

Let's delve into the intricacies of **LEGACIES or devises**.

AND DEVISES** as outlined in the provided
excerpts from the Civil Code of the Philippines. The liability of legatees and devisees who are
charged with giving something further is limited to
**Article 924. All things and rights which are within the **value of what they themselves received**.
the commerce of man may be bequeathed or Similarly, compulsory heirs are only liable up to the
devised. (865a)** **value of the free portion** of the estate they
inherit (the part of the estate the testator can freely
This article establishes the **scope of what can be dispose of).
given as a legacy or a devise**. Essentially, if
something can be legally bought, sold, exchanged, The commentary explains that if no specific person
donated, transferred, or appropriated by is charged with this duty, the **estate itself** is
individuals, it can be passed on through a will as a responsible, and this is usually handled by the
legacy or a devise. This excludes things like public **executor or administrator** of the will. This officer
roads or property that cannot be owned privately is legally bound to fulfill the legacies and devises
(res nullius or property of public dominion). and may even be authorised by the court to sell
estate property to obtain the necessary funds or
The commentary clarifies that a **legacy** is a gift items.
of **personal property** in a will, while a **devise**
is a gift of **real property** in a will. Both legacies Legacies can be classified based on who is
and devises are testamentary dispositions that burdened with giving them:
provide an economic benefit or advantage, but * **Legacy proper**: The estate has the duty to
they are distinct from the institution of an heir, give the legacy.
which involves giving an aliquot or fractional part of * **Pre-legacy**: The duty is on the estate, but
the entire inheritance. the gift is specifically for an heir or legatee (e.g., a
car given to a son).
Legacies and devises serve various purposes for * **Sub-legacy (or sub-devise)**: The duty to give
the testator, such as fulfilling social duties, a further legacy is imposed on an heir, legatee, or
rewarding loved ones, showing gratitude, or devisee who has already received something. For
supporting charitable institutions. They are example, an heir is instituted but must give a car to
separated from the general inheritance that would someone else, or a legatee receives a car but
go to the heir. must give money to another person.

**Article 925. A testator may charge with legacies **Article 926. When the testator charges one of the
and devises not only his compulsory heirs but also heirs with a legacy or devise, he alone shall be
the legatees and devisees.** bound.**
**The latter shall be liable for the charge only to **Should he not charge anyone in particular, all
the extent of the value of the legacy or the devise shall be liable in the same proportion in which they
received by them. The compulsory heirs shall not may inherit. (859)**
be liable for the charge beyond the amount of the
free portion given them. (858a)** This article clarifies the **liability of heirs when
charged with fulfilling legacies**. If the testator
This article addresses **who bears the specifies a particular heir to deliver a legacy or
responsibility of fulfilling legacies and devises**. devise, **that heir alone** is responsible.
The testator has the authority to impose this duty
not only on their **compulsory heirs** (those If no specific heir is charged, then **all heirs** are
entitled to a specific portion of the inheritance by liable in proportion to **how they inherit**.
However, the commentary provides a crucial possession of the thing through a court action by
nuance: compulsory heirs charged with a the rightful owner.
sub-legacy are liable in proportion to their
**institution to the free disposal**, not necessarily If the legacy is generic (defined only by its kind,
their entire inheritance (including their legitime). like "a car"), the heir who is supposed to deliver it
is liable if the recipient is evicted. This is because
The example illustrates this: If an estate of P1 the heir should have chosen a thing they could
million is divided with A getting 3/5 and B getting validly dispose of.
2/5, but both are required to give a P50,000
legacy, their contribution is based on their share of However, if the legacy is a **specific thing**, the
the free portion, not their total inheritance. A's free heir is **not liable for eviction** because they have
portion is P350,000 (P600,000 total - P250,000 no choice in what to deliver. Similarly, if the burden
legitime) and B's is P150,000 (P400,000 total - of the legacy is on the **estate itself** and the
P250,000 legitime). Thus, A contributes P35,000 giving was ordered by the court, there is **no
and B contributes P15,000 to the P50,000 legacy. warranty against eviction** for either specific or
generic legacies.
**Article 927. If two or more heirs take possession
of the estate, they shall be solidarily liable for the A thing is **generic or indeterminate** if it's not
loss or destruction of a thing devised or particularly designated or physically separated
bequeathed, even though only one of them should from others of the same class. Notably, even with
have been negligent. (n)** generic legacies, there's an implied warranty
against hidden defects and encumbrances.
This article establishes **solidary liability among
heirs who take possession of the estate** for the **Article 929. If the testator, heir, or legatee owns
loss or destruction of a specific item that has been only a part of, or an interest in the thing
given as a legacy or devise. **Solidary liability** bequeathed, the legacy or devise shall be
means that the recipient of the legacy (legatee or understood limited to such part or interest, unless
devisee) can demand the full value of the lost or the testator expressly declares that he gives the
destroyed item from any one of the heirs who are thing in its entirety. (864a)**
in possession, regardless of who was at fault. The
heir who paid the full amount can then seek This article deals with situations where the
reimbursement from the other negligent heirs. **testator only owns a portion or an interest in the
property bequeathed**. The general rule is that the
The example involves heirs A and B who used a legacy or devise is **limited to the testator's share
car bequeathed to C. If A's negligence destroys or interest**. For example, if the testator owns
the car, C can claim the full value from B, even one-third of a house and devises the house, the
though B was not negligent. devisee only receives one-third. This applies
regardless of whether the testator knew they only
**Article 928. The heir who is bound to deliver the owned a part.
legacy or devise shall be liable in case of eviction,
if the thing is indeterminate and is indicated only There is an **exception**: if the testator
by its kind. (860)** **expressly declares** in the will that they are
giving the **entire thing**, even if they only own a
This article addresses the **liability of the part, then the whole thing is considered
burdened heir in case of eviction** of an bequeathed. This requires a clear statement
indeterminate or generic legacy or devise. indicating the testator's intention to give the whole,
**Eviction** occurs when the recipient loses despite their limited ownership. An order to acquire
the remaining part is not strictly necessary for this
exception. If the testator mistakenly believed they **Article 931. If the testator orders that a thing
owned the entire thing and gave it as such, only belonging to another be acquired in order that it be
their actual share is validly bequeathed, unless given to a legatee or devisee, the heir upon whom
they later acquire the rest. the obligation is imposed or the estate must
acquire it and give the same to the legatee or
The examples illustrate this: devisee; but if the owner of the thing refuses to
* If T and A co-owned a car 50-50, and T wills the alienate the same, or demands an excessive price
"whole car" to L stating he knows he only owns therefor, the heir or the estate shall only be obliged
half, and prior to death the car is adjudicated to A to give the just value of the thing. (861a)**
with T being reimbursed, L gets half the car (A's
original half). This article covers the situation where the
* If T wills his half-share in a car to I, and before **testator knows** that the property they are
death the car is partitioned to A who reimburses T, bequeathing **belongs to someone else** and
I gets nothing due to the alienation of T's share. **orders** its acquisition for the legatee or devisee.
* If T owns the naked ownership of land and U In this case, the **burdened heir or the estate** is
has usufruct, and T devises the naked ownership obligated to **acquire the property** and deliver it.
to D, D gets full ownership upon U's death. The "order" can be express or implied (inferred
from the testator knowingly giving another's
Proving the testator's knowledge of partial property).
ownership when claiming the exception requires
evidence from the will or other sources, with the If the owner **refuses to sell** or demands an
burden of proof on the recipient. **excessive price**, the obligation is reduced to
giving the **just value** of the thing to the legatee
**Article 930. The legacy or devise of a thing or devisee.
belonging to another person is void, if the testator
erroneously believed that the thing pertained to The examples clarify:
him. But if the thing bequeathed, though not * If T wills "X's car" to Y, and X sells the car to Z
belonging to the testator when he made the will, before T's death, T's estate must acquire the car
afterwards becomes his, by whatever title, the from Z for Y.
disposition shall take effect. (862a)** * If X sells the car to T himself, Y still inherits as T
owned the car at death.
This article states that a legacy or devise of * If X sells/donates the car to Y before T's death,
something **wholly owned by someone else is Y is entitled to reimbursement of the price paid (if
void** if the testator **mistakenly believed** it was sold) but nothing if received as a donation.
theirs. The law presumes ignorance of
non-ownership in such cases. A key distinction from Article 930 is that here, the
testator is presumed to know they don't own the
However, there's an important **exception**: if the property, making the bequest valid from the start,
testator **later acquires** ownership of the contingent on acquisition.
previously owned by another property **by any
means** before their death, the legacy or devise **Article 932. The legacy or devise of a thing which
**becomes valid**. This is because the will takes at the time of the execution of the will already
effect at the time of the testator's death. belonged to the legatee or devisee shall be
ineffective, even though another person may have
Article 929 deals with partial ownership by a some interest therein.**
stranger, while Article 930 addresses total **If the testator expressly orders that the thing be
ownership by a stranger. freed from such interest or encumbrance, the
legacy or devise shall be valid to that extent. The second paragraph addresses the situation
(866a)** where the **recipient acquires the property after
the will is made** but **before the testator's
This article states that a legacy or devise of death**.
something that **already belongs to the recipient * If the acquisition is **gratuitous** (e.g., by
at the time the will is made is ineffective (void)**. donation), the recipient can claim **nothing**
The rationale is that one cannot be given what under the will.
they already own, and the testator likely wouldn't * If the acquisition is by **onerous title** (meaning
have made the gift if they knew. This applies even they paid for it, like through a sale), they can
if someone else (including the testator) has some **demand reimbursement** from the heir or the
other interest in the property. If the testator estate for the price they paid.
mistakenly thought they owned the property,
Article 930 would apply, also resulting in a void Examples:
legacy. * If T wills L's car to L, even if L sells it and buys it
back before T's death, the legacy is still void
The examples illustrate: because L owned it when the will was made.
* If T gives L a car in his will, but L already owned * If T wills B's car to L, and L later buys the car
that car when the will was made, the legacy is from B, L can be reimbursed for the purchase
void, and L cannot claim its monetary value. price. If L received it as a donation from B, they get
* If T and D co-own land and T devises the land nothing.
to D, D only inherits T's share; their own share was * If T wills his car to L, then sells it to S who sells
already theirs and not acquired through the will. it to L, L gets no reimbursement because the
original legacy was revoked by the sale to S.
The second paragraph provides an **exception**:
if the testator **expressly orders** that the The reimbursement covers the price paid in a sale,
recipient's existing property be **freed from an the value of the thing exchanged in barter, the
interest or encumbrance**, the legacy is **valid to value of the burden in an onerous donation, and
that extent**. For example, if T orders that L's car the value of the credit in an *adjudicacion en
be freed from a chattel mortgage, the order is pago*. Generally, related expenses are also
valid. reimbursed. The reimbursement is made by the
estate if no one is specifically charged, or by the
**Article 933. If the thing bequeathed belonged to charged heir, legatee, or devisee.
the legatee or devisee at the time of the execution
of the will, the legacy or devise shall be without **Article 934. If the testator should bequeath or
effect, even though it may have been subsequently devise something pledged or mortgaged to secure
alienated by him.** a recoverable debt before the execution of the will,
**If the legatee or devisee acquires it gratuitously the estate is obliged to pay the debt, unless the
after such time, he can claim nothing by virtue of contrary intention appears.**
the legacy or devise; but if it has been acquired by **The same rule applies when the thing is pledged
onerous title he can demand reimbursement from or mortgaged after the execution of the will.**
the heir or the estate. (878a)** **Any other charge, perpetual or temporary, with
which the thing bequeathed is burdened, passes
This article reiterates the principle of Article 932 with it to the legatee or devisee. (867a)**
that a legacy of what the recipient already owned
when the will was made is ineffective, even if they This article outlines the rules for legacies and
later sold it. devises involving **encumbered property**
(pledged, mortgaged, or subject to other charges).
For property **pledged or mortgaged to secure a **In both cases, the legacy shall comprise all
recoverable debt**, whether before or after the will interests on the credit or debt which may be due
was made, the **estate is obligated to pay the the testator at the time of his death. (870a)**
debt**, thus freeing the property for the legatee or
devisee, **unless the testator clearly intended This article addresses two specific types of
otherwise**. This also applies to other liens legacies:
securing recoverable debts like antichresis. An * **Legacy of a credit** (a debt owed to the
exception is if the pledge or mortgage was for testator by a third person): This is only effective for
something other than a recoverable debt, like the **amount still outstanding at the testator's
securing performance of a duty. death**, including any accrued interest. The estate
fulfills this by **assigning its rights of action**
However, the estate is **not obliged to remove against the debtor to the legatee. There's no
other types of burdens** such as easements, warranty that the credit exists or is legal in case of
usufructs, or leases (especially those considered assignment. Such a legacy can be generic (all
real rights). These **pass with the property** to the credits) or specific (particular credits). All
legatee or devisee, who must respect them. guarantees (personal or real) attached to the credit
are included.
The example shows that a watch pledged in a * **Legacy of remission or release of a debt** (a
pawnshop and land mortgaged by the testator debt owed by the legatee to the testator): This is
should have the debts paid by the estate so the also effective only for the **amount remaining at
recipients get them unencumbered. However, land the testator's death**, including interest. The
subject to a usufruct will still be burdened by it for estate fulfills this by giving the legatee an
the devisee. **acquittance (receipt)** if requested. This is
considered a form of *donation mortis causa* and
The commentary also details the remedies of a can be reduced if it impairs the legitime. The
mortgagee when the mortgaged property is remitted amount is included in the testator's net
devised: hereditary estate. This is different from a statement
* Abandon the security and claim as an that a debt "has already been paid".
unsecured creditor in probate.
* Foreclose the mortgage in an ordinary court The examples illustrate: If T wills his P1 million
action against the executor/administrator. credit against D to L, and P600,000 is paid before
* Rely solely on the mortgage and foreclose T's death, L only gets the remaining P400,000 plus
within the statute of limitations. interest. If T remits L's P1 million debt, only the
The executor/administrator may redeem the remaining amount at T's death is remitted.
property under court direction if it benefits the
estate. **Article 936. The legacy referred to in the
preceding article shall lapse if the testator, after
**Article 935. The legacy of a credit against a third having made it, should bring an action against the
person or of the remission or release of a debt of debtor for the payment of his debt, even if such
the legatee shall be effective only as regards that payment should not have been effected at the time
part of the credit or debt existing at the time of the of his death.**
death of the testator.** **The legacy to the debtor of the thing pledged by
**In the first case, the estate shall comply with the him is understood to discharge only the right of
legacy by assigning to the legatee all rights of pledge. (871)**
action it may have against the debtor. In the
second case, by giving the legatee an acquittance, This article outlines causes for the **lapse of a
should he request one.** legacy of credit or remission**:
* If the testator **brings a legal action** against **Article 938. A legacy or devise made to a creditor
the debtor (whether a third person for a legacy of shall not be applied to his credit, unless the
credit or the legatee for a remission) **after making testator so expressly declares.**
the will**, the legacy **lapses**, even if the debt **In the latter case, the creditor shall have the right
hasn't been paid by the time of the testator's to collect the excess, if any, of the credit or of the
death. This signifies a change of intent by the legacy or devise. (873a)**
testator. A mere extrajudicial demand is not
sufficient. The testator can provide that bringing an This article states that if a testator leaves a legacy
action will not revoke the legacy for the uncollected or devise to someone who is also their **creditor**,
balance. This applies to both legacies of credit and the gift is **not automatically considered
remission. payment** of the debt. The creditor is entitled to
* If the testator gives a **legacy of a pledged item **both** the payment of their credit and the legacy
to the debtor who pledged it**, this only or devise, as the latter is presumed to be a gift.
**extinguishes the pledge**, not the underlying
debt. The debtor still owes the principal amount. However, if the testator **expressly declares** that
However, if the principal obligation is remitted, the the legacy or devise is intended to be **in
accessory obligation of pledge is also payment** of the debt, then it will be applied
extinguished. While the law mentions only pledge, accordingly. If the value of the legacy or devise
this rule is believed to apply to other securities like exceeds the debt, the creditor can collect the
mortgage and antichresis. **excess**. Similarly, if the debt is larger, the
creditor can collect the remaining balance.
The example shows that if T gives his P1 million
credit against D to L, but later sues D to recover The example shows that if A owes B P1 million
the debt, the legacy to L is revoked. If L owes T P1 and gives B a P1 million legacy, B gets P2 million
million and pledges a ring, and T wills the ring unless the estate is exhausted. If A owes B P1
back to L, L still owes the P1 million. million but gives a legacy of his P1.2 million credit
against C to B, expressly stating it's for payment, B
**Article 937. A generic legacy of release or receives payment of the debt and a P200,000
remission of debts comprises those existing at the balance as legacy. If T owes C P100,000 and
time of the execution of the will, but not gives C a guitar "in payment," C's acceptance
subsequent ones. (872)** without reservation extinguishes the debt as an
*adjudicacion en pago*.
This article specifies that a **generic legacy of
release or remission of debts** (where no **Article 939. If the testator orders the payment of
particular debt is mentioned, but all debts are what he believes he owes but does not in fact owe,
remitted) only covers debts **existing at the time the disposition shall be considered as not written.
the will was made**, not those incurred afterwards. If as regards a specified debt more than the
A remission can be specific (a particular debt) or amount thereof is ordered paid, the excess is not
generic (all debts). Generic remission includes all due, unless a contrary intention appears.**
types of debts (pure, conditional, with a term). If **The foregoing provisions are without prejudice to
several debts are remitted and the free portion is the fulfillment of natural obligations. (n)**
insufficient, rules on application of payments may
apply. A debt converted into another form by This article deals with **errors in the testator's
novation is still included if unpaid and no judicial belief about debts**:
demand was made by the testator's death. * If the testator orders payment of a debt they
**believe they owe but actually do not**, the
instruction is **considered not written**.
* If the testator orders payment of **more than
the actual amount** of a specific debt, the The right of choice belongs to the person
**excess is not due**, unless the testator's burdened unless expressly given to the person
intention to give the excess as a gift is clear. favored. When the estate has the choice, it's not
absolute; the item chosen should be of medium
However, these rules do not prevent the fulfillment quality, and if generic personal property exists in
of **natural obligations** (obligations based on the estate, the choice must be from within it.
equity and natural law, not legally enforceable but
which the debtor morally ought to perform). For **Article 941. A legacy of generic personal
example, if a legally prescribed debt is ordered to property shall be valid even if there be no things of
be paid out of moral obligation, the payment is the same kind in the estate.**
valid. **A devise of indeterminate real property shall be
valid only if there be immovable property of its kind
**Article 940. In alternative legacies or devises, the in the estate.**
choice is presumed to be left to the heir upon **The right of choice shall belong to the executor
whom the obligation to give the legacy or devise or administrator who shall comply with the legacy
may be imposed, or the executor or administrator by the delivery of a thing which is neither of inferior
of the estate if no particular heir is so obliged.** nor of superior quality. (875a)**
**If the heir, legatee or devisee, who may have
been given the choice, dies before making it, this This article distinguishes between **generic
right shall pass to the respective heirs.** personal property** and **indeterminate real
**Once made, the choice is irrevocable.** property** in legacies and devises.
**In alternative legacies or devises, except as * A **legacy of generic personal property** (e.g.,
herein provided, the provisions of this Code "one automobile") is **valid even if the testator
regulating obligations of the same kind shall be owns no such item** at death. The estate is
observed, save such modifications as may appear obligated to acquire and deliver one of **medium
from the intention expressed by the testator. quality**. However, "one of my automobiles"
(874a)** implies an alternative legacy and is void if the
testator owns none. A legacy of "some
This article governs **alternative legacies or automobiles" is void due to lack of specified
devises**, where the testator gives a choice quantity.
between two or more things. The **right to * A **devise of indeterminate real property** (e.g.,
choose** is generally presumed to belong to the "100 square meters of land") is **valid only if the
**person obligated to give** the legacy (the testator owns real property of that kind in the
burdened heir or the executor/administrator if no estate**, and the area is sufficient. If the estate
specific heir is charged). lacks sufficient land, the devise is void for the
deficiency. However, devising "100 square meters
If the person given the choice dies before making of land owned by X" implies an order to acquire
it, the right passes to their heirs. Once a choice is and is governed by Article 931.
made, it is **irrevocable**, as the obligation
becomes a simple one. The rules on alternative The relevant time to determine if the property
obligations in the Civil Code apply to alternative exists in the estate is the **time of the testator's
legacies and devises, unless the testator specifies death**, not the execution of the will. The right of
otherwise. choice for generic legacies belongs to the executor
or administrator, who must select an item of
The example shows that if A orders B to give C a medium quality.
ring or a car, B has the right to choose. If B dies
before choosing, B's heirs can make the choice.
**Article 942. Whenever the testator expressly bequeathed, unless it be markedly
leaves the right of choice to the heir, or to the disproportionate to the value of the estate.
legatee or devisee, the former may give or the (879a)**
latter may choose whichever he may prefer.
(876a)** This article specifies the **duration and amount of
legacies for education and support**:
This article applies when the **testator expressly * A **legacy for education** continues until the
grants the right of choice** in an alternative legacy legatee reaches the **age of majority**, or even
or devise to the **heir burdened** or the beyond to finish a course, as long as they pursue it
**legatee/devisee favored**. In this case, they can diligently (a judicial question). The testator can
choose any of the options; the selection doesn't provide for a shorter period.
have to be of medium quality. Once made, the * A **legacy for support** lasts for the **lifetime of
choice is irrevocable (except for vitiated consent). the legatee**, unless the testator specifies
The choice can be made in any way that clearly otherwise.
reveals a conscious and deliberate exercise of the * If the testator doesn't fix the amount for either, it
right. is determined based on the legatee's **social
standing, circumstances, and the value of the
**Article 943. If the heir, legatee or devisee cannot estate** (residue after debts, expenses, and
make the choice, in case it has been granted him, legitimes if the estate is charged; value of the
his right shall pass to his heirs; but a choice once property received if a specific heir/legatee/devisee
made shall be irrevocable. (877a)** is charged).
* If the testator regularly provided support during
This article states that if the person granted the their lifetime, that **same amount is presumed
right to choose in an alternative legacy or devise bequeathed**, unless it's significantly
**cannot make the choice**, the right **passes to disproportionate to the estate's value.
their heirs**. This applies to the heirs of either the
burdened party or the favored recipient, except for Generally, these legacies are personal and not
an executor/administrator, where the successor to transmissible unless the testator orders otherwise.
the position makes the choice. The right to choose The testator can fix the amount, but it shouldn't
can be renounced. The choice can even be made exceed the disposable portion.
in the will of the person entitled to choose and is
irrevocable even if their will is revocable. **Article 945. If a periodical pension, or a certain
annual, monthly, or weekly amount is bequeathed,
**Article 944. A legacy for education lasts until the the legatee may petition the court for the first
legatee is of age, or beyond the age of majority in installment upon the death of the testator, and for
order that the legatee may finish some the following ones which shall be due at the
professional, vocational or general course, beginning of each period; such payment shall not
provided he pursues his course diligently.** be returned, even though the legatee should die
**A legacy for support lasts during the lifetime of before the expiration of the period which has
the legatee, if the testator has not otherwise commenced. (880a)**
provided.**
**If the testator has not fixed the amount of such This article governs **legacies of periodical
legacies, it shall be fixed in accordance with the pensions or fixed amounts**. The legatee can
social standing and the circumstances of the petition the court for the first installment upon the
legatee and the value of the estate.** testator's death and subsequent installments at the
**If the testator during his lifetime used to give the beginning of each period (annual, monthly,
legatee a certain sum of money or other things by weekly). These payments are not refundable even
way of support, the same amount shall be deemed if the legatee dies during the period for which
payment has commenced. While the law allows at death but becomes effective upon arrival of the
petitioning upon death, it's generally advisable to term; ownership also occurs then. For gifts with a
wait until an order for distribution or actual **resolutory term**, the right vests at death but
distribution after payment of debts. However, ends when the term arrives. Importantly, a
support in arrears from the time of death should voluntary heir, legatee, or devisee who
logically be given. Interest on money legacies not predeceases the testator, is incapacitated, or
for support or education accrues only from judicial repudiates the inheritance transmits no right to
demand. their heirs.

**Article 946. If the thing bequeathed should be **Article 948. If the legacy or devise is of a specific
subject to a usufruct, the legatee or devisee shall and determinate thing pertaining to the testator,
respect such right until it is legally extinguished. the legatee or devisee acquires the ownership
(868a)** thereof upon the death of the testator, as well as
any growing fruits, or unborn offspring of animals,
This article states that if a bequeathed property is or uncollected income; but not the income which
subject to a **usufruct** (the right to enjoy was due and unpaid before the latter’s death.**
another's property), the **legatee or devisee must **From the moment of the testator’s death, the
respect that right** until it is legally extinguished. thing bequeathed shall be at the risk of the legatee
This connects with Article 934 regarding burdens or devisee, who shall, therefore, bear its loss or
on bequeathed property. Article 603 of the Civil deterioration, and shall be benefited by its increase
Code details the causes for extinguishment of or improvement, without prejudice to the
usufruct, such as death of the usufructuary, responsibility of the executor or administrator.
expiration of the term, merger of rights, (882a)**
renunciation, loss of the property, termination of
the grantor's right, or prescription. This article deals with **specific and determinate
legacies or devises**. Upon the testator's death,
**Article 947. The legatee or devisee acquires a the legatee/devisee **immediately acquires
right to the pure and simple legacies or devises ownership** of the specific thing, along with any
from the death of the testator, and transmits it to **growing fruits, unborn animal offspring, and
his heirs. (881a)** uncollected income** accruing after the testator's
death. Income due and unpaid before death
This article establishes that the **right to pure and belongs to the estate.
simple legacies or devises is acquired by the
legatee/devisee from the moment of the testator's From the testator's death, the **risk of loss or
death** and can be **transmitted to their own deterioration** of the bequeathed item falls on the
heirs**. However, the vesting of the **right to the legatee/devisee (*res perit domino* - the thing
property itself** differs: perishes for the owner), even if not yet delivered.
* **Specific property**: vests at the testator's Conversely, any **increase or improvement**
death. benefits them. This is without prejudice to the
* **Generic property**: vests upon selection. executor/administrator's responsibility for any
* **Alternative property**: vests upon the choice damage due to their fault. Expenses for producing
being made. growing fruits are generally not charged to the
* **Property acquired from a stranger (by grantee.
testator's order)**: vests upon acquisition.
This applies to pure and simple legacies and those
For **conditional gifts**, the right to the legacy with resolutory conditions. In suspensive
vests at death, provided the condition is fulfilled. conditions, ownership is believed to vest at death
For gifts with a **suspensive term**, the right vests upon fulfillment of the condition (retroactively).
Legacies and devises are always subject to the after the choice are still subject to the payment of
payment of the estate's debts, administration the estate's debts and expenses. Money is
expenses, and family expenses, with creditors considered generic, and interest (6% per annum)
having preference. Properties donated *inter vivos* is recoverable from the time of default in delivery
are generally not subject to legacies and devises. after demand.

The *Testate Estate of Isidro Aragon* case clarifies **Article 950. If the estate should not be sufficient
that if a testator orders property sold at a certain to cover all the legacies or devises, their payment
price to pay legacies, the legacies are not reduced shall be made in the following order:**
if the property sells for less, as long as legitimes **(1) Remuneratory legacies and devises;**
are not impaired and no contrary intention is **(2) Legacies or devises declared by the testator
shown. The fixed price is seen as a desire for a to be preferential;**
better profit for heirs, not a basis for legacy **(3) Legacies for support;**
amounts. **(4) Legacies for education;**
**(5) Legacies or devises of a specific, determinate
The *Lake v. Harrington* case discusses thing which forms a part of the estate;**
ademption. An *inter vivos* gift can adeem a **(6) All others, pro rata. (887a)**
legacy if intended by the testator. However, a
subsequent will repeating the legacy indicates a This article establishes the **order of preference
continued intent for it to be a legacy, not satisfied for the payment of legacies and devises** when
by the prior donation, so the legatee must wait for the estate is insufficient to cover all of them. This
the testator's death. order is applied only when reducing legacies and
devises, not when the legitime is impaired or there
**Article 949. If the bequest should not be of a are *inter vivos* donations affecting the free
specific and determinate thing, but is generic or of disposal (in which case Article 911 applies).
quantity, its fruits and interests from the time of the
death of the testator shall pertain to the legatee or The order is:
devisee if the testator has expressly so ordered. 1. **Remuneratory legacies/devises**: Given to
(884a)** compensate for services that are not legally
demandable debts (considered moral obligations).
This article concerns **generic legacies or This preference exists because they are seen as
devises**. Generally, the legatee/devisee is fulfilling a moral duty. Proof of the remuneratory
entitled to the **fruits and interests** of a generic nature doesn't have to be in the will but can be
thing **only from the time a selection or choice has shown extrinsically.
been made**, as the obligation to deliver arises 2. **Legacies/devises declared by the testator to
then. be preferential**: Those the testator specifically
designates as having priority.
However, as an **exception**, the testator can 3. **Legacies for support**: For the basic needs of
**expressly order** that the fruits and interests the recipient.
accrue to the legatee/devisee **from the time of 4. **Legacies for education**: For the legatee's
the testator's death**. studies. While education is included in support
under Article 290, Article 950 treats them distinctly.
The example shows that for a devise of 100 sq. 5. **Legacies/devises of a specific, determinate
meters of land from several parcels, the devisee thing which forms part of the estate**: Gifts of
gets the fruits from the chosen land only after the particular items owned by the testator. Specific
executor makes the choice, unless the testator legacies of things not part of the estate (ordered to
specified otherwise. All fruits before the choice be acquired) do not have this preference.
belong to the estate. Notably, even fruits accruing
6. **All others, pro rata**: All other legacies and **The expenses necessary for the delivery of the
devises are paid proportionally based on their thing bequeathed shall be for the account of the
value if the estate still has insufficient funds after heir or the estate, but without prejudice to the
satisfying the higher-priority ones. This includes legitime. (886a)**
cash legacies.
This article specifies the **manner of delivery of
The commentary also discusses the interaction legacies and devises**. The person obligated to
with the Code of Civil Procedure (Sec. 729), which deliver (heir, executor, or administrator) must
states that estate property given by will is liable for deliver the **specific thing bequeathed** if possible
debts, administration, and family expenses and cannot simply pay its value instead.
proportionally, unless specific legacies are **Legacies of money** must be paid in **cash**,
exempted by the court to fulfill testator's intent if even if the estate lacks it (requiring sale of
enough other estate exists. The two provisions are property if necessary). The **expenses of
applied sequentially: first, reduce all legacies delivery** are borne by the heir or the estate,
proportionally under the Code of Civil Procedure to without affecting the legitime. This generally
cover debts and expenses; then, apply Article 950 applies to voluntary delivery; if court intervention is
to further reduce them based on preference within needed due to fault, the court decides on
the free disposable portion. The Code of Civil expenses. The legatee can accept something else
Procedure does not apply if there are no instead of the specific property or money.
debts/expenses or if the testator specified which
properties will cover them. **Article 953. The legatee or devisee cannot take
possession of the thing bequeathed upon his own
A mnemonic "RPSESA" is provided for easier authority, but shall request its delivery and
recall of the order: Remuneratory, Preferential, possession of the heir charged with the legacy or
Support, Education, Specific things, All others. devise, or of the executor or administrator of the
estate should he be authorized by the court to
**Article 951. The thing bequeathed shall be deliver it. (885a)**
delivered with all its accessions and accessories
and in the condition in which it may be upon the This article mandates that a legatee or devisee
death of the testator. (883a)** **cannot take possession** of the bequeathed
property on their own. They must **request its
This article states that a bequeathed item must be delivery and possession** from the burdened heir
delivered to the legatee/devisee **with all its or the executor/administrator (if authorized by the
accessions (natural or artificial additions like court). While ownership and the right to
alluvium or buildings) and accessories (things possession are acquired at death (Article 947,
dependent on the principal like a car jack or factory 948), actual delivery follows the procedures
machines)**. It should be delivered in the outlined in this article and relevant Rules of Court,
**condition it is in at the time of the testator's particularly regarding the distribution of the residue
death**. of the estate after settling obligations.

**Article 952. The heir, charged with a legacy or **Article 954. The legatee or devisee cannot
devise, or the executor or administrator of the accept a part of the legacy or devise and repudiate
estate, must deliver the very thing bequeathed if the other, if the latter be onerous.**
he is able to do so and cannot discharge this **Should he die before having accepted the legacy
obligation by paying its value.** or devise, leaving several heirs, some of the latter
**Legacies of money must be paid in cash, even may accept and the others may repudiate the
though the heir or the estate may not have any.** share respectively belonging to them in the legacy
or devise. (889a)**
inheritance and accept the legacy/devise, or
This article deals with the **acceptance and renounce the legacy/devise and accept the
repudiation of legacies or devises**: inheritance, or accept/waive both**.
* If a legacy or devise consists of **two parts**,
one **gratuitous** (without burden) and the other **Article 956. If the legatee or devisee cannot or is
**onerous** (with a burden or condition), the unwilling to accept the legacy or devise, or if the
recipient **cannot accept the gratuitous part and legacy or devise for any reason should become
reject the onerous part**. The presumption is that ineffective, it shall be merged into the mass of the
the testator intended both parts to be taken estate, except in cases of substitution and of the
together. right of accretion. (888a)**
* However, if the legatee/devisee **dies before
accepting**, leaving multiple heirs, **each heir can This article specifies what happens when a legacy
accept or repudiate their respective share** of the or devise cannot be or is not accepted, or
legacy or devise. The death must occur after the becomes ineffective. In such cases, it **merges
testator's death. If the burden on an onerous back into the general mass of the estate** and will
legacy is indivisible, those heirs who want to be distributed according to intestate succession,
accept must comply with it entirely. **unless** the testator has provided for a
**substitution** (naming someone else to take the
**Article 955. The legatee or devisee of two place of the original legatee/devisee) or the **right
legacies or devises, one of which is onerous, of accretion** applies.
cannot renounce the onerous one and accept the
other. If both are onerous or gratuitous, he shall be **Accretion** is the right by which the share of a
free to accept or renounce both, or to renounce co-heir, co-devisee, or co-legatee who renounces,
either. But if the testator intended that the two is incapacitated, or dies before the testator is
legacies or devises should be inseparable from added to the shares of the others called to the
each other, the legatee or devisee must either same inheritance, devise, or legacy. For accretion
accept or renounce both.** to occur in testamentary succession, two or more
**Any compulsory heir who is at the same time a must be called to the same inheritance/portion *pro
legatee or devisee may waive the inheritance and indiviso*, and one of them must die before,
accept the legacy or devise, or renounce the latter renounce, or be incapacitated to receive their
and accept the former, or waive or accept both. share.
(890a)**
The commentary introduces the **ISRAI formula**
This article expands on acceptance and as a guide: Institution (Bequest for
repudiation when a person receives **multiple legacies/devises), Substitution, Representation
legacies or devises**: (not applicable to legatees/devisees except
* If one is **onerous** and the other disinherited descendants), Accretion, Intestacy.
**gratuitous**, the recipient **cannot renounce the This dictates the order in which to determine who
onerous one and accept the gratuitous one**. inherits when the initial disposition fails.
* If **both are onerous or both are gratuitous**,
the recipient is **free to accept or renounce both, **Article 957. The legacy or devise shall be without
or just one**. effect:**
* However, if the **testator intended the **(1) If the testator transforms the thing
legacies/devises to be inseparable**, the recipient bequeathed in such a manner that it does not
must **either accept or renounce both**. This retain either the form or the denomination it had;**
intent must be clear in the will. **(2) If the testator by any title or for any cause
* A **compulsory heir** who is also a legatee or alienates the thing bequeathed or any part thereof,
devisee has more flexibility: they can **waive the it being understood that in the latter case the
legacy or devise shall be without effect only with Reacquisition after involuntary loss may revive the
respect to the part thus alienated. If after the legacy if the thing exists at death. If the legacy is
alienation the thing should again belong to the generic, the burdened heir is liable for eviction
testator, even if it be by reason of nullity of the (Article 928).
contract, the legacy or devise shall not thereafter
be valid, unless the reacquisition shall have been **Article 958. A mistake as to the name of the thing
effected by virtue of the exercise of the right of bequeathed or devised, is of no consequence, if it
repurchase;** is possible to identify the thing which the testator
**(3) If the thing bequeathed is totally lost during intended to bequeath or devise. (n)**
the lifetime of the testator, or after his death
without the heir’s fault. Nevertheless, the person This article states that a **mistake in the name of
obliged to pay the legacy or devise shall be liable the bequeathed thing** does not invalidate the
for eviction if the thing bequeathed should not legacy or devise if the **intended item can still be
have been determinate as to its kind, in identified**. For example, a minor error in the year
accordance with the provisions of Article 928. of a car model would not matter if it's clearly the
(869a)** testator's only car.

This article outlines causes for the **revocation or **Article 959. A disposition made in general terms
ineffectiveness of a legacy or devise**: in favor of the testator’s relatives shall be
1. **Transformation**: If the testator changes the understood to be in favor of those nearest in
bequeathed specific thing so that it loses its degree. (751)**
original form or name (e.g., a cloth made into a
suit, a school converted to apartments), the legacy This article provides a rule for interpreting a will
is revoked by implication. provision that leaves something generally to the
2. **Alienation**: If the testator sells, donates, or testator's "relatives." It is understood to mean the
otherwise transfers the bequeathed thing or part of **relatives nearest in degree** of kinship. Relatives
it, the legacy is revoked to the extent of the within the fifth degree of consanguinity are
alienation. The law presumes a change of considered relatives for this purpose, and relatives
intention. However, if the alienation doesn't take by affinity are excluded. The nearer relatives
effect due to a suspensive condition not being met, exclude the farther ones (e.g., third-degree
the legacy remains valid. Creating a voluntary relatives inherit before fourth-degree relatives).
easement is a partial alienation. If the testator
reacquires the alienated thing, even if due to the **Key Points to Remember:**
nullity of the contract of alienation (unless by right
of repurchase), the legacy is not revived. * **Legacies** are gifts of personal property in a
Involuntary alienations (like through attachment will; **devises** are gifts of real property.
and sale due to unpaid debt) do not revoke the * Only things within the commerce of man can be
legacy if the testator reacquires the property. bequeathed or devised.
Alienation through fraud or undue influence also * Testators can charge heirs, legatees, or
does not revoke the legacy if the testator recovers devisees with the duty of fulfilling legacies, with
the property due to the vitiated consent. However, limitations on their liability.
reacquisition after nullity of a donation due to lack * Heirs in possession are solidarily liable for loss
of form does not revive the devise. of a bequeathed item.
3. **Loss**: If the specific thing bequeathed is * Generic legacies have rules regarding eviction
totally lost during the testator's lifetime, or after liability.
death without the heir's fault, the legacy is * Legacies of property not wholly owned by the
ineffective. "Loss" includes physical and testator are generally limited to their share, unless
legal/juridical loss (like expropriation). a contrary intention is expressed.
* Legacies of property wholly owned by another * Ineffective legacies merge into the estate,
are void if the testator was mistaken, but valid if subject to substitution and accretion.
the testator knew and ordered its acquisition. * Legacies can be revoked by transformation,
* A legacy of what the recipient already owned is alienation, or loss of the thing.
generally ineffective. * Mistakes in the name of the bequeathed thing
* The estate generally pays debts on pledged or are inconsequential if the item can be identified.
mortgaged bequeathed property. * General bequests to "relatives" favor those
* Legacies of credit or remission are effective nearest in degree.
only for the amount existing at the testator's death
and may lapse if the testator sues the debtor. **Question and Answer:**
* Generic remission covers debts at the time of
the will. **Question:** What is the key difference between a
* Legacies to creditors are not automatically legacy and a devise?
applied to the debt unless stated.
* Errors in debt amounts are generally **Answer:** A **legacy** is a gift of **personal
disregarded. property** given in a will, while a **devise** is a gift
* Alternative legacies give the choice to the of **real property** given in a will.
burdened party, unless specified.
* Generic personal property legacies are valid **Question:** If a testator wills a car to their son,
even if none exists; generic real property devises but the car is mortgaged, who is generally
require such property in the estate. responsible for paying off the mortgage?
* Legacies for education and support have
specific durations and means of determining the **Answer:** Generally, according to Article 934,
amount. the **estate** is obliged to pay the mortgage debt,
* Pension legacies have installments due at the so that the son receives the car free of the
start of each period. encumbrance, unless the testator indicated a
* A legatee/devisee must respect existing contrary intention in the will.
usufructs. —---------------------------------00—-------------------------
* The right to a pure and simple legacy/devise
vests at death and is transmissible. Ownership of
specific things also vests at death.
* Fruits and interests of generic legacies
generally accrue from the time of choice, unless
ordered otherwise.
* Legacies are paid in a specific order of
preference if the estate is insufficient.
* Bequeathed items are delivered with
accessions and accessories in their condition at
death.
* The specific thing bequeathed must be
delivered if possible.
* Legatees/devisees must request delivery; they
cannot take possession on their own.
* Acceptance or repudiation of part of an onerous
legacy/devise is not allowed.
* Multiple legacies have rules for acceptance and
repudiation based on whether they are onerous or
gratuitous and the testator's intent.