Text of the provision
Art. 947. The legatee or devisee acquires a right to the pure and simple legacies or devises from the death of the testator, and transmits it to his heirs.
(881a)
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 legatee or devisee acquires a right to the pure and simple legacy or devise from the testator's death, and transmits it to his own heirs.
The phrase “pure and simple” distinguishes an unconditional legacy or devise from one burdened with a condition or term, which are treated separately elsewhere in this Title. Because the right vests immediately upon the testator’s death rather than upon actual delivery or the settlement of the estate, a legatee who survives the testator but dies before the property is turned over does not lose the bequest — it has already become part of that legatee’s own estate, and passes to his or her heirs in turn, even though physical possession was never obtained.
Questions about this provision
Related provisions
- Article 946 — A Thing Subject to Usufruct.
- Article 949 — Non-Specific Bequests.
Cases interpreting this article
- Authorities on this article will be added here as each is verified against primary sources.