PROVISIONS TO MEMORIZE

Article 915. A compulsory heir may, in consequence of disinheritance, be deprived of his

legitime, for causes expressly stated by law. (848a)

Article 918. Disinheritance without a specification of the cause, or for a cause the truth of
which, if contradicted, is not proved, or which is not one of those set forth in this Code, shall
annul the institution of heirs insofar as it may prejudice the person disinherited; but the devises
and legacies and other testamentary dispositions shall be valid to such extent as will not impair
the legitime. (851a)

Article 919. The following shall be sufficient causes for the disinheritance of children and
descendants, legitimate as well as illegitimate:

(1) When a child or descendant has been found guilty of an attempt against the life of the
testator, his or her spouse, descendants, or ascendants;
(2) When a child or descendant has accused the testator of a crime for which the law
prescribes imprisonment for six years or more, if the accusation has been found
groundless;
(3) When a child or descendant has been convicted of adultery or concubinage with the
spouse of the testator;
(4) When a child or descendant by fraud, violence, intimidation, or undue influence causes
the testator to make a will or to change one already made;
(5) A refusal without justifiable cause to support the parent or ascendant who disinherits
such child or descendant;
(6) Maltreatment of the testator by word or deed, by the child or descendant;
(7) When a child or descendant leads a dishonorable or disgraceful life;
(8) Conviction of a crime which carries with it the penalty of civil interdiction. (756, 853,
674a)

Article 920. The following shall be sufficient causes for the disinheritance of parents or
ascendants, whether legitimate or illegitimate:

(1) When the parents have abandoned their children or induced their daughters to live a
corrupt or immoral life, or attempted against their virtue;
(2) When the parent or ascendant has been convicted of an attempt against the life of the
testator, his or her spouse, descendants, or ascendants;
(3) When the parent or ascendant has accused the testator of a crime for which the law
prescribes imprisonment for six years or more, if the accusation has been found to be
false;
 (4) When the parent or ascendant has been convicted of adultery or concubinage with the
spouse of the testator;
(5) When the parent or ascendant by fraud, violence, intimidation, or undue influence
causes the testator to make a will or to change one already made;
(6) The loss of parental authority for causes specified in this Code;
(7) The refusal to support the children or descendants without justifiable cause;
(8) An attempt by one of the parents against the life of the other, unless there has been a
reconciliation between them. (756, 854, 674a)

Article 921. The following shall be sufficient causes for disinheriting a spouse:

(1) When the spouse has been convicted of an attempt against the life of the testator, his or
her descendants, or ascendants;
(2) When the spouse has accused the testator of a crime for which the law prescribes
imprisonment of six years or more, and the accusation has been found to be false;
(3) When the spouse by fraud, violence, intimidation, or undue influence cause the testator
to make a will or to change one already made;
(4) When the spouse has given cause for legal separation;
(5) When the spouse has given grounds for the loss of parental authority;
(6) Unjustifiable refusal to support the children or the other spouse. (756, 855, 674a)

READING ASSIGNMENT

1. Disinheritance

Disinheritance is the process or act, thru a testamentary disposition of depriving in a will any
compulsory heir of his legitime for true and lawful causes

Other ways of disinheritance of legitime

 Predecease, repudiation and incapacity

 Testator’s liabilities exceeds the hereditary estate

2. Requisites

 Must be in a valid will

 Must be expressly made and stated in the will itself
o Can be made in separate wills provided that necessary connection is proved.
 Must be for a legal, true and existing cause
 Must be total or complete disinheritance (not partial or conditional)
 o Conditional revocation = valid. Conditional disinheritance = invalid.
 Disinherited heir must be clearly identified
 The disinheriting will or provision must not have been revoked

Burden of Proof

If the disinherited heir deny the disinheritance, the burden of proof shall rest upon the
other heirs.

3. Effect

 Disinheritance excludes the heir not only from the legitime but also from the free
portion.
 Only Compulsory heirs can be disinherited
 No disinheritance in legal succession since disinheritance requires a valid will to be
effectual.

To follow

4. Preterition v. Imperfect Disinheritance

Imperfect disinheritance - Disinheritance without a specification of the cause, or for a cause

the truth of which, if contradicted, is not proved, or which is not one of those set forth in this
Code, shall annul the institution of heirs insofar as it may prejudice the person disinherited

Three cases where there can be an invalid or ineffectual disinheritance

(1) Without stating the cause (no cause stated)

(2) The cause is not proved and is denied (not true cause)
(3) The cause is not a legal cause (not legal cause)
(4) Subsequent reconciliation

Effect:

(1) institution of heirs is annulled insofar as the person disinherited is prejudiced

(2) devises, legacies and other testamentary disposition is valid as long as it is not
inofficious (does not impair the legitime)

Preterition disinheritance
Intention Can be intentional or Must be intentional
unintentional
Cause Can be without cause Must always have a cause
stated in the will
Inheritance Whole institution of heirs is Disinherited heir inherits
annulled nothing
Will May exist with or without a Will is always required
will
validity Institution is always void May be valid

preterition Imperfect disinheritance

difference Institution of heir is Institution of heir remains
completely annulled valid bit it must be reduced
insofar as the legitime has
been impaired
similarity Both refer to compulsory heirs
Legacies and devises remain valid if inofficious
Omitted heir and improperly disinherited heir is still entitled to
their legitime

5. Sufficient causes of disinheritance

(1) When a child or descendant has been found guilty of an attempt against the life of the
testator, his or her spouse, descendants, or ascendants;

 there must be a final judgement of conviction

 there must be intent to kill
o an accomplice may be disinherited provided that he acted with intent to
kill
 must refer to testator’s own spouse, descendant or ascendants

(2) When a child or descendant has accused the testator of a crime for which the law
prescribes imprisonment for six years or more, if the accusation has been found groundless;

Elements

 there must be an accusation (institution of criminal action or statement as a

witness)
 the accusation is groundless
o if there is acquittal by lack of proof of guilt beyond reasonable doubt or lack
of criminal intent, it doesn’t mean that the accusation is groundless.
 the crime charged carries a penalty of imprisonment for at least six years.
(3) When a child or descendant has been convicted of adultery or concubinage with the
spouse of the testator;

 there must be a final judgment convicting the child of adultery or concubinage with the
parent’s spouse
 guilty parent cannot disinherit the child, only the innocent spouse can.

(4) When a child or descendant by fraud, violence, intimidation, or undue influence

causes the testator to make a will or to change one already made;

 a new or subsequent will is necessary to disinherit the child based on the vitiation of
consent.

(5) A refusal without justifiable cause to support the parent or ascendant who disinherits
such child or descendant;

 Judicial demand or pronouncement not needed to disinherit

 If the child is forced by judicial compulsion to give support, he can still be disinherited.

(6) Maltreatment of the testator by word or deed, by the child or descendant;

 No judgement of court is necessary as long as the maltreatment if intentional

 However, a descendant cannot disinherit an ascendant based on the ascendant’s
maltreatment

(7) When a child or descendant leads a dishonorable or disgraceful life;

 Dishonorable/disgraceful life:
o Brings dishonor or disgrace to the family
o Must consist of multiple acts done in continuity (consistency)
 Final judgement is not necessary

(8) Conviction of a crime which carries with it the penalty of civil interdiction. (756, 853,
674a)

 Final judgement is necessary

 Civil interdiction is given to crimes punished by:
o Death
o Reclusion perpetua
o Reclusion temporal
7. Right of Representation

The children and descendants of the person disinherited shall take his or her place and shall
preserve the rights of compulsory heirs with respect to the legitime; but the disinherited
parent shall not have the usufruct or administration of the property which constitutes the
legitime.

 The children and descendants are allowed to inherit by representation, the legitime of
the disinherited heir because the fault of the heir is not the fault of the representative
— and it would be unjust to punish them.
 Thus, neither a disinherited spouse nor a disinherited parent may be represented.

sd

8. Ascendants

(1) When the parents have abandoned their children or induced their daughters to live a
corrupt or immoral life, or attempted against their virtue;

 Abandonment – failure to give due care and attention required by law

 Inducement to live a corrupt or immoral life
 Attempt against the descendant’s virtue

(2) When the parent or ascendant has been convicted of an attempt against the life of the
testator, his or her spouse, descendants, or ascendants;

(3) When the parent or ascendant has accused the testator of a crime for which the law
prescribes imprisonment for six years or more, if the accusation has been found to be false;

(4) When the parent or ascendant has been convicted of adultery or concubinage with the
spouse of the testator;

(5) When the parent or ascendant by fraud, violence, intimidation, or undue influence
causes the testator to make a will or to change one already made;

(6) The loss of parental authority for causes specified in this Code;

Loss of parental authority:

 Death of parents
 Emancipation of child
 Adoption of child
 Appointment of general guardian
  Judicial declaration of abandonment
 Judgement divesting the parental authority
 Absence or incapacity of person exercising parental authority
 Mother contracts a subsequent marriage unless allowed by the deceased spouse

 If parental authority is subsequently recovered, it will already invalidate the disinheritance

(7) The refusal to support the children or descendants without justifiable cause;

(8) An attempt by one of the parents against the life of the other, unless there has been a
reconciliation between them. (756, 854, 674a)

Attempt of one of the parents against the life of the other

 May be invalidated by the spouse’s reconciliation. (mutual restoration of feelings to the

status quo) general pardon will not suffice. It myst be specific

9. Spouse

(1) When the spouse has been convicted of an attempt against the life of the testator, his or
her descendants, or ascendants;

(2) When the spouse has accused the testator of a crime for which the law prescribes
imprisonment of six years or more, and the accusation has been found to be false;

(3) When the spouse by fraud, violence, intimidation, or undue influence cause the testator
to make a will or to change one already made;

(4) When the spouse has given cause for legal separation;

(5) When the spouse has given grounds for the loss of parental authority;

(6) Unjustifiable refusal to support the children or the other spouse. (756, 855, 674a)

 Decree of legal separation or loss of parental authority is not required.

10. Subsequent reconciliation

Reconciliation – mutual restoration of feelings to the status quo

Implied reconciliation: partis live again in the same house.

Effect: (1) deprives the offender and the offended person of the right to disinherit and (2)
renders ineffectual any disinheritance that may have been made.

No reconciliation:

 General pardon given

 Unaccepted pardon
 Unspecified pardon
 Pardon given in the same will wherein he provides for the disinheritance.

How disinheritance is revoked:

(1) Subsequent reconciliation

(2) Making of a new will making the disinherited heir an instituted heir.

11. Legacies and Devices

12. Concept

13. Rules in case of liability

14. Loss or Destruction

15. Eviction

16. Special Rules

17. partly owned by testator

18. belonging to another

19. belonging to devisee or legatee

20. pledged or mortgaged things

21. credit

22. remission of debts

23. in favor of creditor

24. alternative legacies or devises

25. generic legacy or devise

26. When right of legatee or devisee vests

27. Preference among legacies and devises

28. Revocation of legacy