Short answer. Yes. A testamentary disposition that impairs or diminishes the legitime of compulsory heirs must be reduced, but only insofar as it is inofficious or excessive, and the reduction happens on petition of the compulsory heirs — meaning you must actively bring the claim rather than have it happen automatically.
What the law says
Testamentary dispositions that impair or diminish the legitime of the compulsory heirs shall be reduced on petition of the same, insofar as they may be inofficious or excessive.
Civil Code, Article 907 — Reduction Of Inofficious Dispositions. Read the full provision →
You have a right to reduction, if the legacy truly cuts into your legitime
The statute is direct: dispositions that impair or diminish the legitime of compulsory heirs are to be reduced. As compulsory heirs, if the legacy to the stranger genuinely eats into the portion the law reserves for you, you have a legal basis to demand that it be cut back — but only to the extent it is actually inofficious or excessive, meaning only the portion that exceeds what the free disposable part of the estate could properly cover.
The reduction is not automatic — it happens "on petition"
The article's key phrase is on petition of the same. Reduction of an inofficious disposition does not occur by itself the moment the will is probated; it requires the compulsory heirs themselves to bring the matter forward and ask for it. This answers the second part of your question directly: yes, some form of formal request is required — the legacy is not automatically reduced without you or your co-heirs actively raising the issue.
Only the excessive portion is cut, not the whole gift
The reduction reaches only what is inofficious or excessive — the part of the legacy that goes beyond what the testator could freely give without touching the compulsory heirs' legitime. A legacy is not necessarily voided entirely simply because it is large; if part of it fits within the freely disposable portion of the estate, that part can stand, and only the excess amount is reduced to protect the legitime.
What this provision does not itself spell out
This article establishes the right to reduction and that it must be petitioned for — it does not itself set out the specific court, procedure, or deadlines for filing such a petition, nor does it calculate the exact figures involved in a given estate. Determining precisely how much of the legacy is inofficious requires working out the full value of the estate and the legitime owed to each compulsory heir, which depends on facts and computations this provision does not itself supply.
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.
- Heirs of Fedelina Sestoso Estella represented by Virgilia Estella Poliquit, et al. vs. Jesus, G.R. No. 245469, December 9, 2020 — read the decision on LawPhil →