Text of the provision
Art. 1064. When the grandchildren, who survive with their uncles, aunts, or cousins, inherit from their grandparents in representation of their father or mother, they shall bring to collation all that their parents, if alive, would have been obliged to bring, even though such grandchildren have not inherited the property. They shall also bring to collation all that they may have received from the decedent during his lifetime, unless the testator has provided otherwise, in which case his wishes must be respected, if the legitime of the co-heirs is not prejudiced.
(1038)
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
When grandchildren inherit from their grandparents in representation of their father or mother, they must bring to collation all that their parent would have been obliged to bring, even if not received from the decedent.
Representation is the legal fiction by which grandchildren step into the share their deceased parent would have received had that parent survived the grandparent. Because they inherit the parent's share rather than a share of their own, the article treats them as standing in the parent's shoes for collation too: whatever gifts the parent would have had to bring into the estate must be brought in by the grandchildren, even though the grandchildren themselves never received that property. This keeps the accounting consistent regardless of which generation ends up dividing the inheritance.
Questions about this provision
- I inherit from my grandparent in place of my deceased parent — must I collate more than my own gifts?
- If my grandparent gave property to me, does my parent have to count it against their share of the estate?
- I inherit from my grandfather in place of my late father — must I report gifts grandfather gave my father?
Related provisions
- Article 1063 — Property Left by Will.
- Article 1065 — Parents Need Not Collate Gifts to Their Children.
Cases citing this article
- Pablo Uy, substituted by his heirs, namely: Mylene D. Uy, Paul D. Uy, G.R. No. 227460, December 5, 2019 — read the decision on LawPhil →
Compiled automatically from Supreme Court decisions published on LawPhil that expressly cite this article, most frequently cited first. A listing means the decision cites the provision — it is not a statement that the case is the leading authority, and it does not show whether a ruling has since been modified or abandoned. Always read the decision itself.