Text of the provision
Art. 955. The legatee or devisee of two legacies or devises, one of which is onerous, cannot renounce the onerous one and accept the other. If both are onerous or gratuitous, he shall be free to accept or renounce both, or to renounce either. But if the testator intended that the two legacies or devises should be inseparable from each other, the legatee or devisee must either accept or renounce both. Any compulsory heir who is at the same time a legatee or devisee may waive the inheritance and accept the legacy or devise, or renounce the latter and accept the former, or waive or accept both.
(890a)
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 legatee of two legacies, one onerous and the other gratuitous, cannot renounce the onerous and accept the other. If both are onerous or both gratuitous, he is free to accept either or renounce both.
Questions about this provision
Related provisions
- Article 954 — No Partial Acceptance.
- Article 956 — If the Legatee Cannot or Will Not Accept.
Cases interpreting this article
- Authorities on this article will be added here as each is verified against primary sources.