Text of the provision
Art. 1055. If a person, who is called to the same inheritance as an heir by will and ab intestato, repudiates the inheritance in his capacity as a testamentary heir, he is understood to have repudiated it in both capacities. Should he repudiate it as an intestate heir, without knowledge of his being a testamentary heir, he may still accept it in the latter capacity.
(1009)
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
A person called to the same inheritance both as a testamentary heir and ab intestato, who repudiates as testamentary heir, is understood to have repudiated in both capacities. But repudiating as an intestate heir without knowledge of the will leaves him free to accept under it.
Questions about this provision
Related provisions
- Article 1054 — Co-Heirs May Choose Differently.
- Article 1056 — Acceptance Is Irrevocable.
Cases interpreting this article
- Authorities on this article will be added here as each is verified against primary sources.