Text of the provision

Art. 1040. The action for a declaration of incapacity and for the recovery of the inheritance, devise or legacy shall be brought within five years from the time the disqualified person took possession thereof. It may be brought by any one who may have an interest in the succession.

(762a)

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 action for a declaration of incapacity and for recovery of the inheritance must be brought within five years from the time the disqualified person took possession.

The five-year period runs from actual possession by the disqualified person, not from the decedent's death or from when the incapacity was discovered — a distinction that can matter considerably if possession begins well after the succession opens. The article also identifies who may sue: not only other heirs, but 'any one who may have an interest in the succession,' which can include creditors of the estate or other persons whose rights depend on the correct distribution of the inheritance, provided they can show a genuine stake in the outcome.

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Note. The text of the provision above is reproduced in full from the official enactment (Republic Act No. 386), verified against the LawPhil and ChanRobles renderings. The annotation and commentary around it are the work of Vivas & Nobles Law Office and are general legal information, not legal advice. How a provision applies to a particular situation depends on facts that only a lawyer reviewing your case can assess.