Short answer. Yes. Article 912 of the Civil Code provides that when an indivisible piece of real property subject to reduction cannot be conveniently divided, it goes entirely to the devisee if the reduction does not absorb one-half of its value, with the devisee and the compulsory heirs reimbursing each other in cash for what respectively belongs to them.
What the law says
If the devise subject to reduction should consist of real property, which cannot be conveniently divided, it shall go to the devisee if the reduction does not absorb one-half of its value; and in a contrary case, to the compulsory heirs; but the former and the latter shall reimburse each other in cash for what respectively belongs to them.
Civil Code, Article 912 — Reduction Of Indivisible Realty. Read the full provision →
What the law says
The devisee who is entitled to a legitime may retain the entire property, provided its value does not exceed that of the disposable portion and of the share pertaining to him as legitime.
Civil Code, Article 912 — Reduction Of Indivisible Realty. Read the full provision →
Under one-half reduction: the whole property, plus cash reimbursement
Article 912 provides that if the devise subject to reduction should consist of real property, which cannot be conveniently divided, it shall go to the devisee if the reduction does not absorb one-half of its value. Since a reduction under half the value keeps you within this rule, the land would go to you in full — not split or partitioned — with the devisee and the compulsory heirs then reimbursing each other in cash for what respectively belongs to them.
What happens if the reduction is half or more
The article draws the line at exactly one-half: in a contrary case — meaning where the reduction does absorb one-half of the property's value or more — the property goes to the compulsory heirs instead, and the same cash reimbursement rule applies in reverse, with the heirs and the devisee squaring up in cash for what respectively belongs to each. The reduction fraction, not any other factor, is what decides which side keeps the physical property.
The separate rule for a devisee who is also a compulsory heir
Article 912 adds a further rule for a devisee who is entitled to a legitime: such a devisee may retain the entire property, provided its value does not exceed that of the disposable portion and of the share pertaining to him as legitime. This is a distinct entitlement from the one-half test above — it lets a devisee-heir keep the whole property outright as long as its value fits within what the disposable portion and their own legitime together allow.
Why indivisibility drives this whole approach
The article's entire framework exists because the property cannot be conveniently divided — splitting a single piece of land into fractional physical shares is often impractical or destructive of its value. Rather than forcing a physical division, the article keeps the property whole in one party's hands and settles the imbalance in money instead, which is the mechanism your question is describing.
Cases citing this provision
These Supreme Court decisions cite the provision above. We list them so you can read them yourself; the summaries of what each decided are not ours to give.
- Ricky Q. Quilala vs. Gliceria Alcantara, et al, G.R. No. 132681, December 3, 2001 — read the decision on LawPhil →