July 16, 2021

Re: The right to information of a compulsory heir as to the estate of the

testator

This is an opinion regarding the right of a compulsory heir to know the whereabouts of the
properties constituting the estate of a testator/decedent. Below are some of the relevant
provisions which a compulsory heir may cite in asserting his right to know information and to
recover property belonging to the estate of the testator/decedent:

Civil Code

Article 22. Every person who through an act or performance by another, or any other means,
acquires of comes into possession of something at the expense of the latter without just or legal
ground, shall return the same to him.

This provision of the Civil Code under Human Relations speaks of the duty of a person to
return any property in his possession at the expense of another interested party. Such
possession shall be without just or legal ground. In this case, the said property should be
returned immediately to the owner. In estate proceedings, such property shall be
delivered to the court for collation to determine the gross value of the estate.

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.

This provision speaks of the obligation of every compulsory heir to “bring into the mass
of the estate” any property which he may have received during the lifetime of the
testator/decedent. There is an exception to this provision, however, where the testator or
decedent, during his lifetime, expressly provided that a certain property should not be
collated (Art. 1062) or if the property is included in the will of the testator (Art. 1063).
Rules of Court

Rule 87 Section 6. Proceedings when property concealed, embezzled, or fraudulently conveyed.

— If an executor or administrator, heir, legatee, creditor or other individual interested in the
estate of the deceased, complains to the court having jurisdiction of the estate that a person is
suspected of having concealed, embezzled, or conveyed away any of the money, goods, or
chattels of the deceased, or that such person has in his possession or has knowledge of any
deed, conveyance, bond, contract, or other writing which contains evidence of or tends or
discloses the right, title, interest, or claim of the deceased, the court may cite such suspected
person to appear before it any may examine him on oath on the matter of such complaint; and if
the person so cited refuses to appear, or to answer on such examination or such interrogatories as
are put to him, the court may punish him for contempt, and may commit him to prison until he
submits to the order of the court. The interrogatories put any such person, and his answers
thereto, shall be in writing and shall be filed in the clerk's office.

Rule 87 Section 7. Person entrusted with estate compelled to render account. — The court, on
complaint of an executor or administrator, may cite a person entrusted by an executor or
administrator with any part of the estate of the deceased to appear before it, and may
require such person to render a full account, on oath, of the money, goods, chattels, bonds,
account, or other papers belonging to such estate as came to his possession in trust for such
executor or administrator, and of his proceedings thereon; and if the person so cited refuses
to appear to render such account, the court may punish him for contempt as having disobeyed a
lawful order of the court.

These are the remedies available to an heir who wishes who has sufficient knowledge that
his co-heirs may be concealing property belonging to estate, thus preventing the full
accounting of all the properties and the determination of the gross value of the estate for
purposes of succession.

Prepared by:

John Norbert P. Sangalang

Legal Intern
GHH Law