Text of the provision
Art. 1088. Should any of the heirs sell his hereditary rights to a stranger before the partition, any or all of the co-heirs may be subrogated to the rights of the purchaser by reimbursing him for the price of the sale, provided they do so within the period of one month from the time they were notified in writing of the sale by the vendor.
(1067a)
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 any heir sell his hereditary rights to a stranger before partition, the co-heirs may be subrogated to the purchaser's rights by reimbursing him the price — provided they do so within one month from being notified in writing.
Questions about this provision
Related provisions
- Article 1087 — Reimbursing Income and Fruits.
- Article 1089 — Delivery of Titles.
Cases citing this article
- Guino Escabarte, et al. vs. Heirs of Benigno Isaw, et al, G.R. No. 208595, August 28, 2019 — read the decision on LawPhil →
- Joseph Cua vs. Gloria A. Vargas, G.R. No. 156536, October 31, 2006 — read the decision on LawPhil →
- Republic of the Philippines etc. vs. Heirs of Francisca Dignos-Sorono etc, G.R. No. 171571, March 24, 2008 — read the decision on LawPhil →
- Clarita P. Hermoso, et al. vs. Court of Appeals, et al, G.R. No. 108580, December 29, 1998 — read the decision on LawPhil →
- Tobias Selga, et al. vs. Sony Entierro Brar, represented by her Attorney-in-fact Marina T. Entierro, G.R. No. 175151, September 21, 2011 — 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.