Text of the provision
Art. 1078. Where there are two or more heirs, the whole estate of the decedent is, before its partition, owned in common by such heirs, subject to the payment of debts of the deceased.
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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
Where there are two or more heirs, the whole estate is owned in common by them before partition, subject to the payment of the decedent's debts.
Questions about this provision
Related provisions
- Article 1077 — Disputes Suspend Distribution.
- Article 1079 — Partition Defined.
Cases citing this article
- Spouses Benny and Normita Rol vs. Isabel Urdas Racho, G.R. No. 246096, January 13, 2021 — read the decision on LawPhil →
- Gregorio F. Averia, et al. vs. Domingo Averia, et al, G.R. No. 141877, August 13, 2004 — read the decision on LawPhil →
- Domiciano and Anselma Herezo vs. Ernesto Maquiling, G.R. No. 275978, April 23, 2025 — read the decision on LawPhil →
- Substituted Heirs of Jaime S.T. Valiente vs. Virginia A. Valiente, et al, G.R. No. 194897, November 13, 2023 — read the decision on LawPhil →
- Heirs of Arturo E. Bandoy and Heirs of Angelita E. Bandoy vs. Alexander E. Bando, G.R. No. 255258, October 19, 2022 — 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.