Text of the provision
Art. 856. A voluntary heir who dies before the testator transmits nothing to his heirs. A compulsory heir who dies before the testator, a person incapacitated to succeed, and one who renounces the inheritance, shall transmit no right to his own heirs except in cases expressly provided for in this Code.
(766a)
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
A voluntary heir who dies before the testator transmits nothing to his own heirs. A compulsory heir who dies before the testator, or who renounces or is incapacitated, does transmit his legitime to his own heirs.
Questions about this provision
Related provisions
- Article 855 — Share of an Omitted Child.
- Article 857 — Substitution Defined.
Cases citing this article
- Heirs of Fedelina Sestoso Estella represented by Virgilia Estella Poliquit, et al. vs. Jesus, G.R. No. 245469, December 9, 2020 — read the decision on LawPhil →
- Tirso D. Monteroso vs. Court of Appeals, et al. / Sofia Pendejito Vda De Monteroso, et al. vs. Court of Appeals, et al, G.R. No. 105608 / G.R. No. 113199, April 30, 2008 — 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.