Text of the provision
Art. 772. Only those who at the time of the donor's death have a right to the legitime and their heirs and successors in interest may ask for the reduction or inofficious donations. Those referred to in the preceding paragraph cannot renounce their right during the lifetime of the donor, either by express declaration, or by consenting to the donation. The donees, devisees and legatees, who are not entitled to the legitime and the creditors of the deceased can neither ask for the reduction nor avail themselves thereof.
(655a)
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
Only those who at the donor's death are entitled to the legitime, and their heirs and successors in interest, may ask that inofficious donations be reduced. They cannot renounce that right during the donor's lifetime, whether expressly or by consenting to the donation, and donees, devisees, legatees not entitled to the legitime, and the creditors of the deceased cannot ask for or benefit from the reduction.
Related provisions
- Article 771 — Reduction Of Inofficious Donations.
- Article 890 — Legitime Of Legitimate Parents.
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 →
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.