Text of the provision

Art. 1074. Should the provisions of the preceding article be impracticable, if the property donated was immovable, the co-heirs shall be entitled to receive its equivalent in cash or securities, at the rate of quotation; and should there be neither cash or marketable securities in the estate, so much of the other property as may be necessary shall be sold at public auction. If the property donated was movable, the co-heirs shall only have a right to select an equivalent of other personal property of the inheritance at its just price.

(1048)

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

Should that be impracticable, the co-heirs are entitled to receive the equivalent in cash or securities, at the rate of quotation — and in default of both, in other property of the estate, appraised at its just value.

The article sets a fallback sequence for when co-heirs cannot simply be given more of the same kind of property. For a donated immovable, the preference moves first to cash or marketable securities valued at their quoted rate, and only if the estate holds neither does the law permit selling other estate property at public auction to raise the difference. Movable property donated during the donor's lifetime is treated more simply: the co-heirs may only choose an equivalent among the estate's other personal property, appraised at its just price, without the cash-or-auction alternative available for immovables.

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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.