Text of the provision
Art. 912. If the devise subject to reduction should consist of real property, which cannot be conveniently divided, it shall go to the devisee if the reduction does not absorb one-half of its value; and in a contrary case, to the compulsory heirs; but the former and the latter shall reimburse each other in cash for what respectively belongs to them. The devisee who is entitled to a legitime may retain the entire property, provided its value does not exceed that of the disposable portion and of the share pertaining to him as legitime.
(821)
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
If a devise subject to reduction is real property that cannot conveniently be divided, it goes to the devisee if the reduction does not absorb one-half of its value, and otherwise to the compulsory heirs, with the parties reimbursing each other in cash. A devisee who is himself entitled to a legitime may keep the whole property provided its value does not exceed the disposable portion plus his legitime.
Questions about this provision
Related provisions
- Article 911 — Order Of Reduction.
- Article 913 — Auction If Right Unused.
Cases citing this article
- Ricky Q. Quilala vs. Gliceria Alcantara, et al, G.R. No. 132681, December 3, 2001 — 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.