Text of the provision
Art. 940. In alternative legacies or devises, the choice is presumed to be left to the heir upon whom the obligation to give the legacy or devise may be imposed, or the executor or administrator of the estate if no particular heir is so obliged. If the heir, legatee or devisee, who may have been given the choice, dies before making it, this right shall pass to the respective heirs. Once made, the choice is irrevocable. In the alternative legacies or devises, except as herein provided, the provisions of this Code regulating obligations of the same kind shall be observed, save such modifications as may appear from the intention expressed by the testator.
(874a)
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
In alternative legacies or devises, the choice is presumed left to the heir charged with delivery. The rules on alternative obligations govern.
Questions about this provision
Related provisions
- Article 939 — Paying a Debt the Testator Believed He Owed.
- Article 941 — Generic Legacies.
Cases interpreting this article
- Authorities on this article will be added here as each is verified against primary sources.