Short answer. Then you get its just value instead. Article 931 requires the charged heir or the estate to acquire the thing and give it to you. But if the owner refuses to sell, or demands an excessive price, the obligation shrinks to paying you the just value of the thing rather than the thing itself.
What the law says
If the testator orders that a thing belonging to another be acquired in order that it be given to a legatee or devisee, the heir upon whom the obligation is imposed or the estate must acquire it and give the same to the legatee or devisee
Civil Code, Article 931 — Ordering the Acquisition of Another's Thing. Read the full provision →
What the law says
if the owner of the thing refuses to alienate the same, or demands an excessive price therefor, the heir or the estate shall only be obliged to give the just value of the thing.
Civil Code, Article 931 — Ordering the Acquisition of Another's Thing. Read the full provision →
What Article 931 requires
Article 931 provides that if the testator orders that a thing belonging to another be acquired in order that it be given to a legatee or devisee, the heir upon whom the obligation is imposed or the estate must acquire it and give the same to the legatee or devisee. A testator can leave you something he does not own, provided he makes clear he knows it belongs to another and orders it bought for you. The gift is valid, and it puts an active duty on the charged heir or the estate: go out, acquire the thing, and deliver it to the legatee.
Why the testator's knowledge matters
This works only because the testator ordered the acquisition knowingly. Leaving a thing that belongs to someone else is generally ineffective if the testator wrongly believed it was his — you cannot give what you do not own by mistake. But where he knew it was another's and directed that it be purchased for the legatee, he is really giving the value needed to obtain it. So the duty here is not to perform the impossible; it is to spend the estate's resources acquiring a specific thing the testator deliberately chose for you, aware it had to be bought first.
What happens if the owner will not sell
The owner of the thing cannot be forced to part with it, and the article accounts for that. If the owner of the thing refuses to alienate the same, or demands an excessive price therefor, the heir or the estate shall only be obliged to give the just value of the thing. So the duty converts from delivering the object to paying its fair worth. You do not lose the gift because a stranger will not cooperate; you receive its just value in money instead. And the estate is protected from extortion — it need not meet a grasping owner's inflated demand, only the thing's honest value.
What to look for in the will and after
If a will orders a thing bought for you, first confirm the testator knew it belonged to another and genuinely ordered its acquisition, because that is what makes the gift effective. Then the charged heir or estate must approach the owner and try to buy it at a fair price. If the owner agrees, you get the thing; if he refuses or overprices it, you are entitled to the just value, and the sensible step is to establish that value properly — by appraisal or comparable sales — rather than leave it to argument. Keep the correspondence with the owner, since it shows why the obligation converted to value.
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.
- Nelfa Delfin Trinidad, et al. vs. Salvador G. Trinidad, et al, G.R. No. 254695, December 6, 2023 — read the decision on LawPhil →
- Elpidio Magno, et al. vs. Lorenzo Magno, et al, G.R. No. 206451, August 17, 2016 — read the decision on LawPhil →