Text of the provision
Art. 1080. Should a person make partition of his estate by an act inter vivos, or by will, such partition shall be respected, insofar as it does not prejudice the legitime of the compulsory heirs. A parent who, in the interest of his or her family, desires to keep any agricultural, industrial, or manufacturing enterprise intact, may avail himself of the right granted him in this article, by ordering that the legitime of the other children to whom the property is not assigned, be paid in cash.
(1056a)
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 a person make partition of his estate by an act inter vivos or by will, such partition is respected insofar as it does not prejudice the legitime of the compulsory heirs. A parent who wishes to keep a business enterprise intact may do so by paying the other heirs in cash.
Questions about this provision
Related provisions
- Article 1079 — Partition Defined.
- Article 1081 — Entrusting the Power to Partition.
Cases citing this article
- Ricarido Golez, in his own behalf and his children Crispino Golez, et al., G.R. No. 191376, January 8, 2020 — read the decision on LawPhil →
- Araceli Mayuga vs. Antonio Atienza, G.R. No. 208197, January 10, 2018 — read the decision on LawPhil →
- Lordito Arrogante, et al. vs. Beethoven Deliarte etc, G.R. No. 152132, July 24, 2007 — read the decision on LawPhil →
- J.L.T. Agro, Inc. vs. Antonio Balansag, et al, G.R. No. 141882, March 11, 2005 — read the decision on LawPhil →
- Sps. Florentino Zaragoza vs. The Hon. Court of Appeals, G.R. No. 106401, September 29, 2000 — 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.