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.
Questions about this provision
Related provisions
- Article 1073 — Reducing the Donee's Share.
- Article 1075 — Fruits and Interest.
Cases interpreting this article
- Authorities on this article will be added here as each is verified against primary sources.