Text of the provision
Art. 1035. If the person excluded from the inheritance by reason of incapacity should be a child or descendant of the decedent and should have children or descendants, the latter shall acquire his right to the legitime. The person so excluded shall not enjoy the usufruct and administration of the property thus inherited by his children.
(761a)
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
If the person excluded by incapacity is a child or descendant of the decedent and has children or descendants, the latter acquire his right to the legitime. The excluded parent has neither usufruct nor administration of that property.
The children or descendants who take the excluded parent's place under this article do so by force of law, not by the ordinary rules of representation that apply when an heir simply predeceases the decedent — here the parent is alive but disqualified. The restriction on usufruct and administration exists precisely to prevent that same disqualified parent from indirectly benefiting from, or controlling, property he was barred from inheriting: without it, a parent excluded for unworthiness could still manage and enjoy the fruits of the inheritance in his child's name.
Questions about this provision
- Can someone who physically attacked their parent still legally inherit from that parent?
- My parent was excluded from inheriting for incapacity — can I, his child, still get his legitime?
Related provisions
- Article 1034 — When Capacity Is Judged.
- Article 1036 — Acts Done Before the Order of Exclusion.
Cases interpreting this article
- Authorities on this article will be added here as each is verified against primary sources.