Text of the provision

Art. 1042. The effects of the acceptance or repudiation shall always retroact to the moment of the death of the decedent.

(989)

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 effects of acceptance or repudiation always retroact to the moment of the decedent's death.

Because acceptance or repudiation retroacts to the moment of death, an heir who accepts is treated as having owned the inherited property continuously from the instant the decedent died, never from the later moment he actually accepted — and an heir who repudiates is treated as if he had never been an heir at all. This avoids any gap in ownership while the inheritance sits undecided, and it is part of why Article 1043 insists on certainty before the decision is made: the retroactive effect is too significant to attach to a choice made in doubt.

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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.