Text of the provision

Art. 1101. The heir who is sued shall have the option of indemnifying the plaintiff for the loss, or consenting to a new partition. Indemnity may be made by payment in cash or by the delivery of a thing of the same kind and quality as that awarded to the plaintiff. If a new partition is made, it shall affect neither those who have not been prejudiced nor those have not received more than their just share.

(1077a)

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 heir sued has the option of indemnifying the plaintiff for the loss, or consenting to a new partition. Indemnity may be made by payment in cash or by delivery of a thing of the same kind and quality.

Giving the sued heir a choice between indemnifying the plaintiff and agreeing to a fresh partition avoids forcing a full re-division of the estate whenever only one heir's share turns out to be deficient. Where a new partition is carried out, its effects are deliberately narrow: it does not disturb heirs who suffered no prejudice from the original division, nor those who, if anything, received more than their fair share. This keeps the remedy targeted at correcting the specific imbalance raised in the case, rather than reopening the entire distribution for everyone involved.

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Cases citing this article

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.

Note. The text of the provision above is reproduced in full from the official enactment (Republic Act No. 386), verified against the LawPhil and ChanRobles renderings. The annotation and commentary around it are the work of Vivas & Nobles Law Office and are general legal information, not legal advice. How a provision applies to a particular situation depends on facts that only a lawyer reviewing your case can assess.