Text of the provision
Art. 1019. The heirs to whom the portion goes by the right of accretion take it in the same proportion that they inherit.
(n)
Civil Code of the Philippines, Republic Act No. 386, approved June 18, 1949, effective August 30, 1950. Reproduced in full; verified verbatim against the LawPhil and ChanRobles official-text renderings.
What this article means
The heirs to whom the portion goes by accretion take it in the same proportion in which they inherit.
This rule matters most when co-heirs do not inherit in equal portions to begin with. If, for example, one heir is entitled to two-thirds of a particular portion and another to the remaining one-third, and a third co-heir’s share later accrues to the two of them, the added share is not split evenly between them; it is divided in the same two-to-one proportion that already governed their original shares. Accretion therefore preserves the existing ratio among the remaining heirs rather than resetting it to equal parts.
Questions about this provision
Related provisions
- Article 1018 — Accretion in Intestate Succession.
- Article 1020 — Accretion Carries the Burdens Too.
Cases interpreting this article
- Authorities on this article will be added here as each is verified against primary sources.