Text of the provision
Art. 1076. The co-heirs are bound to reimburse to the donee the necessary expenses which he has incurred for the preservation of the property donated to him, though they may not have augmented its value. The donee who collates in kind an immovable which has been given to him must be reimbursed by his co-heirs for the improvements which have increased the value of the property, and which exist at the time the partition if effected. As to works made on the estate for the mere pleasure of the donee, no reimbursement is due him for them; he has, however, the right to remove them, if he can do so without injuring the estate.
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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
The co-heirs are bound to reimburse the donee the necessary expenses he incurred for the preservation of the donated property, even though they may not have augmented its value.
The article separates three kinds of expenditure a donee may have made on donated property while holding it. Necessary expenses — those required to preserve the property — must be reimbursed regardless of whether they increased its value. Useful improvements that raised the property's value are reimbursed only to the extent that increase still exists at the time of partition. Purely ornamental or pleasure-driven work receives no reimbursement at all, though the donee keeps the right to remove such additions, provided doing so does not injure the estate's property.
Questions about this provision
- I have to collate land given to me — can I recover what I spent preserving or improving it?
- I spent money preserving the land I have to collate — can I recover those necessary expenses from my co-heirs?
Related provisions
- Article 1075 — Fruits and Interest.
- Article 1077 — Disputes Suspend Distribution.
Cases interpreting this article
- Authorities on this article will be added here as each is verified against primary sources.