Text of the provision

Art. 858. Substitution of heirs may be:

(1) Simple or common;

(2) Brief or compendious;

(3) Reciprocal; or

(4) Fideicommissary.

(n)

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

Substitution may be (1) simple or common; (2) brief or compendious; (3) reciprocal; or (4) fideicommissary.

This article does not itself explain what each kind of substitution means — it only lists the four labels the Code recognizes, leaving the details of each to the articles that follow. In plain terms, a substitution of heirs is a testator’s way of naming a back-up: someone to take the inheritance if the heir originally named cannot or does not receive it. Simple, brief or compendious, reciprocal, and fideicommissary substitution are four different ways of arranging that back-up, each governed by its own rules, which is why the Code addresses them one article at a time.

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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.