Text of the provision
Art. 1099. The partition made by the testator cannot be impugned on the ground of lesion, except when the legitime of the compulsory heirs is thereby prejudiced, or when it appears or may reasonably be presumed, that the intention of the testator was otherwise.
(1075)
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 partition made by the testator cannot be impugned on the ground of lesion, except when the legitime of the compulsory heirs is prejudiced, or it appears that his intention was otherwise.
Lesion refers to the injury a partition causes when an heir receives markedly less than his fair share of the estate. The article shields a testator's own partition from being undone merely because it turned out uneven, on the reasoning that a testator is presumed to know his estate and his heirs' circumstances better than a court reconstructing the matter later. That protection has two limits: it never extends to an encroachment on a compulsory heir's legitime, and it does not apply where the circumstances show, or reasonably suggest, that the testator intended a different division than the one actually carried out.
Questions about this provision
- My father divided the estate himself in his will and I got less — can I challenge it for lesion?
- My father divided the estate by will and I received less than my siblings — can I sue to rescind the partition for lesion?
Related provisions
- Article 1098 — Rescission for Lesion.
- Article 1100 — Four Years to Sue for Lesion.
Cases interpreting this article
- Authorities on this article will be added here as each is verified against primary sources.