Civil Code · Book III: Different Modes of Acquiring Ownership · Title IV: Succession

Article 1035

Chapter 4: Provisions Common to Testate and Intestate Successions · Sec. 1: Right of Accretion

Unamended since 1950

Current text, as of October 24, 2026

If the person excluded from the inheritance by reason of incapacity should be a child or descendant of the decedent and should have children or descendants, the latter shall acquire his right to the legitime.

The person so excluded shall not enjoy the usufruct and administration of the property thus inherited by his children. (761a)

Consolidated by Alleba from the text of Republic Act No. 386 (Lawphil and the Supreme Court E-Library). Book I provisions on marriage, family relations and parental authority were repealed by the Family Code (Executive Order No. 209, 1987) and are shown for reference only. For information and research only, and not legal advice. For certified copies, refer to the Official Gazette or the issuing agency.