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

Article 1040

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

Unamended since 1950

Current text, as of October 24, 2026

The action for a declaration of incapacity and for the recovery of the inheritance, devise or legacy shall be brought within five years from the time the disqualified person took possession thereof. It may be brought by any one who may have an interest in the succession. (762a)

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 Book I provisions on marriage, family relations and parental authority were repealed by the Family Code (Executive Order No. 209, 1987) and are shown for reference only.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.