Text of the provision
Art. 771. Donations which in accordance with the provisions of article 752, are inofficious, bearing in mind the estimated net value of the donor's property at the time of his death, shall be reduced with regard to the excess; but this reduction shall not prevent the donations from taking effect during the life of the donor, nor shall it bar the donee from appropriating the fruits. For the reduction of donations the provisions of this Chapter and of articles 911 and 912 of this Code shall govern.
(654)
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
Donations that are inofficious under article 752, measured against the estimated net value of the donor's estate at his death, are reduced as to the excess. The reduction does not prevent the donation from taking effect during the donor's life nor bar the donee from taking the fruits, and articles 911 and 912 also govern the reduction.
Related provisions
- Article 770 — Non-Transmission Of The Action.
- Article 772 — Who May Ask For Reduction.
Cases citing this article
- Eloy Imperial vs. Court of Appeals & Cesar Villalon, etc., et al, G.R. No. 112483, October 8, 1999 — read the decision on LawPhil →
- Rolando Santos vs. Constancia Santos Alana, G.R. No. 154942, August 16, 2005 — 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.