Civil Code · Book III: Different Modes of Acquiring Ownership · Title IV: Succession
Chapter 4: Provisions Common to Testate and Intestate Successions · Sec. 1: Right of Accretion
Current text, as of October 24, 2026
The heir who is sued shall have the option of indemnifying the plaintiff for the loss, or consenting to a new partition.
Indemnity may be made by payment in cash or by the delivery of a thing of the same kind and quality as that awarded to the plaintiff.
If a new partition is made, it shall affect neither those who have not been prejudiced nor those have not received more than their just share. (1077a)
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 Book I provisions on marriage, family relations and parental authority were repealed by the Family Code (Executive Order No. 209, 1987) and are shown for reference only.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.