Text of the provision
Art. 932. The legacy or devise of a thing which at the time of the execution of the will already belonged to the legatee or devisee shall be ineffective, even though another person may have some interest therein. If the testator expressly orders that the thing be freed from such interest or encumbrance, the legacy or devise shall be valid to that extent.
(866a)
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
The legacy or devise of a thing which at the time of the execution of the will already belonged to the legatee is ineffective, even though it may have been subsequently alienated. If the legatee acquired it gratuitously after execution, he claims nothing; if onerously, he may demand reimbursement.
Questions about this provision
Related provisions
- Article 931 — Ordering the Acquisition of Another's Thing.
- Article 933 — A Thing the Legatee Later Sells.
Cases interpreting this article
- Authorities on this article will be added here as each is verified against primary sources.