Text of the provision
Art. 1072. In the collation of a donation made by both parents, one-half shall be brought to the inheritance of the father, and the other half, to that of the mother. That given by one alone shall be brought to collation in his or her inheritance.
(1046a)
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
In collating a donation made by both parents, one-half is brought to the father's inheritance and the other half to the mother's. That given by one alone is brought to that one's inheritance.
Because collation exists to determine each parent's respective estate accurately, a joint donation from both parents is split down the middle for accounting purposes, with each half charged against that parent's own inheritance rather than treated as one lump sum. This matters when a child eventually inherits from the mother and father separately, often at different times: without the split, it would be unclear which parent's estate should bear the value of a gift the couple made together, and the child's shares in each succession could be miscalculated.
Questions about this provision
Related provisions
- Article 1071 — Value at the Time of Donation.
- Article 1073 — Reducing the Donee's Share.
Cases interpreting this article
- Authorities on this article will be added here as each is verified against primary sources.