The law of succession in the Philippines follows one basic truth: you cannot give what you do not own. This idea comes from the ancient principle nemo dat quod non habet, which means no one can give what they do not have. Article 930 of the Civil Code explains this rule in wills, especially when someone leaves property behind.
According to Article 930 of the Civil Code
“The legacy or devise of a thing belonging to another person is void, if the testator erroneously believed that the thing pertained to him. But if the thing bequeathed, though not belonging to the testator when he made the will, afterwards becomes his, by whatever title, the disposition shall take effect.”1
This means two things:
- Initial Invalidity – If the testator (the person making the will) gives away something he does not actually own, and he only thought it was his, that part of the will is not valid.
- Subsequent Validity – If later on the testator becomes the owner of that property (in any legal way), then the gift in the will becomes valid.
The Principle Behind the Rule
Article 930 balances two ideas: ownership and intent.
- Ownership as a prerequisite – Only property actually owned by the testator can be passed on. You cannot give what belongs to someone else.
- Respect for intent – But if the testator later becomes the owner, the law assumes he still wants to give it away. So the gift is allowed.
This way, the law protects true owners but also respects the last wishes of the person who made the will.
Article 930 helps avoid problems when dividing an estate:
- For heirs – They only inherit what the testator truly owned.
- For third parties – Real owners cannot lose their property just because it was mistakenly included in a will.
- For courts – Judges have a clear rule when checking wills during probate.
In the case of Trinidad v. Trinidad (2023)2, the Supreme Court ruled that the Pico de Loro condominium unit written in Wenceslao Trinidad’s will could not be inherited by his children from his first marriage because he was never the legal owner of the property. The Court explained that under Article 930 of the Civil Code, if a person includes in his will something that actually belongs to someone else, that part of the will is void since you cannot give what you do not own (nemo dat quod non habet). Because of this, the heirs named to receive the condo were considered preterited, or left out without any share, and the case had to be remanded to the lower court to settle the estate fairly.
In short, Article 930 reminds us that a person can only pass on what truly belongs to them. While a gift in a will is void if the property is not owned at the start, it can later become valid if ownership eventually passes to the testator. This protects real owners, avoids unfair inheritance, and still respects the last wishes of the one who made the will.
References:
- Civil Code of the Philippines, art. 930. ↩︎
- Trinidad v. Trinidad, G.R. No. 254695, December 6, 2023, Supreme Court, 3rd Division. ↩︎
