Text of the provision

Art. 958. A mistake as to the name of the thing bequeathed or devised, is of no consequence, if it is possible to identify the thing which the testator intended to bequeath or devise.

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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 mistake as to the name of the thing bequeathed or devised is of no consequence, if it is possible to identify the thing the testator intended.

This provision reflects a broader principle running through the law on wills: it is the testator’s actual intent, not the precise wording used, that controls. If a testator bequeaths “my Toyota sedan” but in fact owned only one car, a Toyota hatchback, the misdescription does not defeat the bequest so long as the surrounding circumstances make clear which specific object was meant. The rule guards against a legacy failing over a clerical slip or imprecise language, provided identification of the thing the testator intended remains possible.

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Note. The text of the provision above is reproduced in full from the official enactment (Republic Act No. 386), verified against the LawPhil and ChanRobles renderings. The annotation and commentary around it are the work of Vivas & Nobles Law Office and are general legal information, not legal advice. How a provision applies to a particular situation depends on facts that only a lawyer reviewing your case can assess.