Text of the provision
Art. 909. Donations given to children shall be charged to their legitime. Donations made to strangers shall be charged to that part of the estate of which the testator could have disposed by his last will. Insofar as they may be inofficious or may exceed the disposable portion, they shall be reduced according to the rules established by this Code.
(819a)
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 to children are charged to their legitime, while donations to strangers are charged to the disposable portion. To the extent they are inofficious or exceed the disposable portion, they are reduced under the rules of this Code.
Questions about this provision
- My father donated property to an outsider before he died — does that come out of the free portion or out of our legitimes?
- My father gave my brother a lot while he was still alive — is it charged against my brother's legitime?
Related provisions
- Article 908 — Computing The Net Estate.
- Article 911 — Order Of Reduction.
Cases interpreting this article
- Authorities on this article will be added here as each is verified against primary sources.