SIXTEENTH CONGRESS OF THE REPUBLIC ) 
OF THE PHILIPPINES 
) 
Second Regular Session 
) 
''is 
JAN -5 P 3 :56 
SENATE 
S. No. 
2554 
" f\\'. 
Introduced by Senator Miriam Defensor Santiago 
AN ACT 
AMENDING REPUBLIC ACT NO. 386, ALSO KNOWN AS THE CIVIL 
CODE, ARTICLE 941, ON LEGACIES AND DEVISES 
EXPLANATORY NOTE 
In Article 941 of the Civil Code, a legacy of generic personal property is 
valid even if nothing of the same kind exists in the estate. If the said property does 
not form part of the estate, the administrator or executor must acquire the property 
subject of the legacy. 
A different set of rules applies for devises of indeterminate real propelty. 
The validity of a devise of indeterminate real property depends on the existence of 
said property. The administrator is not obliged to acquire the propelty if it does not 
form part of the estate. 
The difference in rules is a result of an adaptation of Roman law which 
treats personal property with more liberality. This rationale is no longer relevant 
simply because personal property is easier to acquire and dispose of. Hence, there 
is no compelling reason to apply a different set of rules for a legacy of general 
personal property on the one hand and a devise of indeterminate real property on 
the other hand. 
1 


It is believed that the same ruJes must apply to legacies and devises, such 
that a legacy or devise should only be valid if the property given exists in the estate 
of the decedent. This bill seeks to impose such a rule. 1 
~\w 4\-0"-- J~ 
MIRIAM DEF~SOR SAN'J\'AGO 
/If 
1 This bill was originally filed during the Thirteenth Congress, First Regular Session. 
2 


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SIXTEENTH CONGRESS OF THE REPUBLIC ) 
OF THE PHILIPPINES 
) 
Second Regular Session 
) 
'j:, 
JI\N -5 P 3 :56 
SENATE 
S. No. 
2554 
~~~ 
',;(\, Ii ,'> -" d' 
,-----
Introduced by Senator Miriam Defensor Santiago 
1 
~Acr 
2 
AMENDING REPUBLIC ACT NO. 386, ALSO KNOWN AS THE CIVIL 
3 
CODE, ARTICLE 941, ON LEGACIES AND DEVISES 
Be it enacted by the Senate and the House of Representatives of the 
Philippines, in Congress assembled: 
4 
SECTION 1. The Civil Code, Article 941, is hereby amended to read as 
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follows: 
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"Article 941, A legacy of generic personal property shall 
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be valid [even] ONLY if there be [no things] PERSONAL 
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PROPERTY of [the same] ITS kind in the estate. 
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A devise of indeterminate real property shall be valid 
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only if there be immovable property of its kind in the estate. 
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The right of choice shall belong to the executor or 
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administrator who shall comply with the legacy OR DEVISE 
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by the delivery of [a thing] PROPERTY OF THE KIND 
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DESIGNATED IN THE LEGACY OR DEVISE which is 
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neither of inferior nor of superior quality." 
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· 
, 
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SECTION 2. Separability Clause. - If any provision or part hereof is held 
2 
invalid or unconstitutional, the remainder of the law or the provision not otherwise 
3 
affected shall remain valid and subsisting. 
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SECTION 3. Repealing Clause. - Any law, presidential decree or issuance, 
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executive order, letter of instruction, administrative order, rule or regulation 
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contrary to, or inconsistent with, the provision of this Act is hereby repealed, 
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modified or amended accordingly. 
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SECTION 4. Effectivity Clause. - This Act shall take effect fifteen (15) 
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days after its publication in at least two (2) newspapers of general circulation. 
Approved, 
lapm12182014 
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