Text of the provision
Art. 930. The legacy or devise of a thing belonging to another person is void, if the testator erroneously believed that the thing pertained to him. But if the thing bequeathed, though not belonging to the testator when he made the will, afterwards becomes his, by whatever title, the disposition shall take effect.
(862a)
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 legacy or devise of a thing belonging to another is void if the testator erroneously believed it was his own. But if he knew it belonged to another, the heir is obliged to acquire it and deliver it, or give its just value.
Questions about this provision
Related provisions
- Article 929 — Partial Ownership.
- Article 931 — Ordering the Acquisition of Another's Thing.
Cases citing this article
- Nelfa Delfin Trinidad, et al. vs. Salvador G. Trinidad, et al, G.R. No. 254695, December 6, 2023 — 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.