COLLATION

Article 1061. Every compulsory heir, who succeeds with other compulsory heirs, must bring into
the mass of the estate any property or right which he may have received from the decedent, during
the lifetime of the latter, by way of donation, or any other gratuitous title, in order that it may be
computed in the determination of the legitime of each heir, and in the account of the partition.

 Meanings of Collation
1. Computing or adding certain vales to the estate, and charging the same to the legitime
2. Computing or adding certain values to the estate, and charging the same to the free
portiom
 Non-Collationable:
1. It should be computed or added, but it should be charged to the free portion and not to
the legitime
2. It should not even be computed or added to the estate, for it is not part of the same
 Donations to the SS: null and void
 Kinds of Donations
1. Direct Donation
2. Indirect
a. Remission of Debt
b. Renunciation of another inheritance by the deceased in favor of the compulsory
herirs
c. Sums paid by a parent in satisfaction of debts of his children
d. Election expenses
e. fines
 Proceeds in Life Insurance: not collatable, since for the purpose of collation, they are not
considered as donations

Allowable debts and charges to be de deducted: pre-existing obligations of the testator

Concept of Collation
1. Mathematical process
2. Actual reduction or abatement
Purpose: to prevent the possibility of disposing or donating property inter vivos in excess of what
one can dispose of by will

o When does collation shall not take place – it means that the donation is no longer
considered as an advance from his legitime
1. Donor expressly so provides
2. Done repudiated his inheritance
o NOTE: Kapag may sobra sa FP after computation, distribute the property intestate na

Art. 1062. Collation shall not take place among compulsory heirs if the donor should have so
expressly provided, or if the donee should repudiate the inheritance, unless the donation should be
reduced as inofficious.

Art. 1063. Property left by will is not deemed subject to collation, if the testator has not otherwise
provided, but the legitime shall in any case remain unimpaired.

G.R: Legacies or devisees are imputable against the disposable portion and not against the
legitime of compulsory heirs
Exc: if the legacy or devise is in favor of a compulsory heir, and that testator has provided that the
devise or legacy shall be imputed against the legitime of such heir, the general rule shall no longer
apply.

Art. 1064. When grandchildren, who survive with their uncles, aunts, or cousins, inherit from their
grandparents in representation of their father or mother, they shall bring to collation all that their
parents, if alive, would have been obliged to bring, even though such grandchildren have not
inherited the property.
They shall also bring to collation all that they may have received from the decedent during
his lifetime, unless the testator has provided otherwise, in which case his wishes must be respected,
if the legitime of the co-heirs is not prejudiced. (1038)

 1st par: Collation by Grandchildren

- Exception to the rule that only donees shall collate
- Applies only when grandchildren inherits by right of representation, not when the heir
inherits in his own right, for here, the reason for the law would cease
- Apparently applies only in the case of predecease, but it also applies for the same reason
in both incapacity and inheritance
 2nd Par:

o Collation of Representation
- Child who inherited by representation must bring back to the estate the:
1. Advances or donations received by his ascendant (father or mother) who died, and
is a CH of the decedent (lolo or lola kumbaga)
2. Advances or donations received by him from his grandparents
3. Both are added to the theoretical net hereditary estate of the deceased grandparent
4. Both are imputed against the legitime of the deceased father or mother
5. Advances received by the grandchild are not imputed against the free portion;
unless, the testator provides

Art. 1065. Parents are not obliged to bring to collation in the inheritance of their ascendants any
property which may have been donated by the latter to their children
 Contrast of Art. 1064
 Hindi ico-collate yung advances and donations given by the grandparent to the grandchild
ng kanyang mga magulang – ditto buhay pa parent ni grandchild, sa 1064, patay na
 Reason: the parent should not collate for he himself had not received the donation

o Donations made to the grandchild: are likewise imputed to the free portion, and is treated
as a donation to strangers
Art. 1066. Neither shall donations to the spouse of the child be brought to collation; but if they have
been given by the parent to the spouses jointly, the child shall be obliged to bring to collation one-
half of the thing donated

 Donations to Spouse of Child

1. Donee is not a CH of the parents-in-law. Since the donations were not given to the child
himself, he should not be obliged to collate what he did not receive
2. Non Collation in this article does not mean that the value should not be computed. It
only means that such will not be imputed to the legitime of the child himself, as the
same is not an advance legitime
3. Exception: The half-share give to the child should be considered as an advance of his
legitime (property was given jointly to the spouse)
4.

Art. 1067. Expenses for support, education, medical attendance, even in extraordinary illness,
apprenticeship, ordinary equipment, or customary gifts are not subject to collation

 Expenses for Support: not collationable

- Not added to the HE
- Not advances of the inheritances, whether as part of the legitime or free portion
- Reason: it is a moral, social, and legal obligation
 Education: means only up to high school
 Support after death: advances of the inheritance

Art. 1068. Expenses incurred by the parents in giving their children a professional, vocational or
other career shall not be brought to collation unless the parents so provide, or unless they impair the
legitime; but when their collation is required, the sum which the child would have spent if he had
lived in the house and company of his parents shall be deducted therefrom

 Expenses for a Career:

- General Rule: not an advance of legitime, but an advance of the free portion
- Exc:
1. The parents so provide
2. Legitime would be impaired

In both cases: the sum which the child would have spent if he had lived in the
house and company of his parents shall be deducted from that which shall be
collated
 Expenses incurred by parents in giving their children a professional or artistic
education are not as necessary as those used for books, TF, MF, exam fes,
tools and etc.m,
 As a result of the differene between the 2 articles, different rules are applied
(Manresa)
 It must however be noted that whether the expenses fall under Art. 1067 or
Art. 1068, all of them are classified as support
Expenses for Career: does not refer to expenses incurred after the completion of
such professional, vocational or other career. Such expenses shall already be
collated, and are imputable against the legitime of the recipient

 Expenses at Home
- Expenses which would have been incurred had the child stayed home with the parents
should be decuted
- Reason: His parents would have spent anyway said amount for his support

Art. 1069. Any sums paid by a parent in satisfaction of the debts of his children, election expenses,
fines, and similar expenses shall be brought to collation

Art. 1070. Wedding gifts by parents and ascendants consisting of jewelry, clothing, and outfi t, shall
not be reduced as inofficious except insofar as they may exceed one-tenth of the sum which is
disposable by will

 Wedding Gifts:
- GR: not chargeable to the legitime in view of the sentimental importance of a wedding
- EXC: They may be reduced if they exceed 1/10 of the free disposal to prevent abuse
and extravagance

Excess of 1/10: donation inter vivos = advance to the legitime – imputed

 TWO VIEWS:
1. Literal: cannot be beyond 1/10 of the free portion. It it exceeds, return the excess
2. Liberal:
a. Below 1/10 of the FP: impute to FP
b. Above 1/10 of the FP: impute to the legitime

Art. 1071. The same things donated are not to be brought to collation and partition, but only their
value at the time of the donation, even though their just value may not then have been assessed.
Their subsequent increase or deterioration and even their total loss or destruction, be it accidental
or culpable, shall be for the benefi t or account and risk of the donee.

Art. 1072. In the collation of a donation made by both parents, one-half shall be brought to the
inheritance of the father, and the other half, to that of the mother. That given by one alone shall be
brought to collation in his or her inheritance.

 Donation by both parents

- If 1 parent dies, the child shall bring back to the properties to be collated ½ of the
donation given to him by his parents jointly

Art. 1073. The donee’s share of the estate shall be reduced by an amount equal to that already
received by him; and his co-heirs shall receive an equivalent, as much as possible, in property of the
same nature, class and quality.

 Reduction of Donee’s Share in the Estate

 - If a CH receives a donation, ico-collate yun, then iimpute sa legitime para pantay sila
ng CH na walang donation

Art. 1074. Should the provisions of the preceding article be impracticable, if the property donated
was immovable, the co-heirs shall be entitled to receive its equivalent in cash or securities, at the
rate of quotation; and should there be neither cash nor marketable securities in the estate, so much
of the other property as may be necessary shall be sold at public auction. If the property donated
was movable, the co-heirs shall only have a right to select an equivalent of other personal property
of the inheritance at its just price

 In the process of equalization, more rights are given to the co-heirs who did not receive
donations, if the donations were of REAL PROPERTY.
1. Rights (if REAL property):
(a) get property of same kind
(b) if none, get cash or securities
(c) if none, sell property to get cash
2. Rights (if PERSONAL property)
(a) get property of same kind
(b) if none, get equivalent (in value) personal property (no right to demand CASH
or to demand a SALE to get cash)

Art. 1075. The fruits and interest of the property subject to collation shall not pertain to the estate
except from the day on which the succession is opened. For the purpose of ascertaining their
amount, the fruits and interest of the property of the estate of the same kind and quality as that
subject to collation shall be made the standard of assessment.

 Fruits and Interests of Collatable Properties

- D has two legitimate sons A and B. A had formerly been given a donation of land as
an advance of the inheritance. Prior to D’s death, full ownership over the land and its
fruits belong to A, but from the moment D dies, all the fruits thereof up to the moment
distribution is made, belong to the estate (should be added in the computation of the
net hereditary estate). Thus, all will participate in said fruits
 Reason for the Law
- This is just because it cannot be denied that the land is really part of the inheritance (an
ADVANCE thereof). Remember, too, the provisions of Art. 781. “The inheritance of
a person includes not only the property and the transmissible rights and obligations
existing at the time of his death, but also those which have accrued thereto since the
opening of the succession.” (Art. 781, Civil Code).
- The donee is not deprived of the possession of the land

Art. 1076. The co-heirs are bound to reimburse to the donee the necessary expenses which he has
incurred for the preservation of the property donated to him, though they may not have augmented
its value.
The donee who collates in kind an immovable, which has been given to him, must be
reimbursed by his co-heirs for the improvements which have increased the value of the property,
and which exist at the time the partition is effected.
As to works made on the estate for the mere pleasure of the donee, no reimbursement is
due him for them; he has, however, the right to remove them, if he can do so without injuring the
estate. (n)

 Rules for Returning in Kind: arises when

1. Donation is totally reduced because it is completely inofficious
2. AND the done either has no money or does not desire to reimburse in money
 Isosoli ang property if the donations was inofficious in its totality under Art. 912, but that is
not collation
 Instances when it can no longer be returned: it is already in the possession of a 3rd person
in GF
 Increase in value: accrues to the benefit of the donee, but, all fruits accruing since the death
of the decedent shall go to the estate

 If the donation was inofficious, the done shall however be REIMBURSED with:
1. Necessary expenses: depends on how much is collated
2. Useful expenses: same with NE
3. Ornamental expenses: no right to reimbursement, but has right to remove

Art. 1077. Should any question arise among the co-heirs upon the obligation to bring to collation or
as to the things which are subject to collation, the distribution of the estate shall not be interrupted
for this reason, provided adequate security is given

 Questions arising from Collation

1. Qs on collation do not interrupt distribution, as long a adequate security is given
2. Said qs may be threshed out during the administration proceedings
3. Prescription will not run as long as the donor is alive
4. Only properties received by gratuitous title may be the subject of collation
5. Final judgments by the proper court regading issues on collation are binding both on
the person who raised the issue, and on the heirs concerned
 When Collation is prematurely raised
- Estate proceedings have not yet reached the stage of partitioning

 Art. 51. xxx The delivery of the presumptive legitimes herein prescribed shall in no way
prejudice the ultimate successional rights of the children accruing upon the death of either
or both of the parents; but the value of the properties already received under the decree of
annulment or absolute nullity shall be considered as advances on their legitime. (Family
Code, par. 3 thereof.)

 Art. 227. If the parents entrust the management or administration of any of their
properties to an unemancipated child, the net proceeds of such property shall belong to
the owner. The child shall be given a reasonable monthly allowance in an amount not less
than that which the owner would have paid if the administrator were a stranger, unless
the owner, grants the entire proceeds to the child. In any case, the proceeds thus given in
whole or in part shall not be charged to the child's legitime. (Family Code.)