D. Disinheritance – Arts.

915-923
 Concept or principle that effects the legitime of the compulsory heirs along with preterition and
reserva troncal
 Eto ung isang pwedeng gawin ng testator para ma-deprive ung share ng isang compulsory heir
 Testator - kasi this can only happen for testamentary succession
 Bawal for intestacy
 Pwede pa rin di makatanggap yung heir - if unworthy of receiving anything from
the estate!
 Later on when u read the grounds for unworthiness to inherit, may similar
grounds for disinheritance
 Kaya kahit walang will expressly disinheriting the heir, pwede pa rin sila ma deprive of their share
because of unworthiness
 Effect of disinheritance - compulsory heir is deprived or excluded from the inheritance
 Medyo similar to sa preterition in a way that it only affects the compulsory heir
 Sila yung by law nandon talaga sa estate ni testator
 May binibigay talaga sa kanilang mana
 Only compulsory is because pag not compulsory heir, just don't put them in the LWT in
the first place.
 Unlike preterition, walang distinction between sa direct or collateral line.
 All compulsory heirs may be disinherited (such as surviving spouse!)
 Another distinction between these 2 is that preterition may be an implied act or not voluntary -
just due to oversight or inadvertence this is in contrast to disinheritance which is voluntary or
express from LWT
 Grounds for disinheritance are exclusive and specific based on the law - depending on
who the compulsory heir is
 May common grounds though to disinherit all compulsory heirs (such as attempt on life)
 If you will look at the compulsory heirs:
1. Compulsory - descending
2. Compulsory - ascending
3. Compulsory - surviving spouse
 With common ground for their disinheritance, and may specific for ascendant, spouse and
descendant!
 Common ground for these 3
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
 Found guilty? Or on appeal 
 If lower court of first level court - not sufficient bec can be elevated to an
appellate court
 Attempt on life - testator, spouse, descendants, ascendants
 Serious physical injuries - no intent to kill, only to inflict injuries
 Grave threats - no also
 Offense one must be of attempted, frustrated, consummated parricide!
 If you will go back to crim, homicide/murder/parricide - lahat to may
intent to kill as an element
 Physical injuries, di papasok kasi no intent to kill
 Attempt should be taken as a general concept!
 It can never be homicide and murder bec there is a relationship so dapat
parricide (attempted, frustrated, consummated)
 Heir can be disinherited!
  Requisites
1. There must be a finding of guilty (Should be a final judgment - not
counted if pending appeal
2. Of an attempt on the life of the testator or his relatives enumerated

2. When the heir 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
 Offender or accused is the testator
 Si heir ung nag-accuse sa testator
 Penalty of the crime accused should be 6 years or more
 Tapos groundless accusation
 Six years or more 
 Cases cognizable by the RTC
 Ex: estafa, homicide, robbery, drug cases, child abuse
 For the offense, hindi kailangan na element yung relationship between heir and
testator
 Offense charged against the testator is one punishable for 6 years or
more
 Groundless accusation - dismissed yung kaso
 No probable cause sa prosecutor!
 Medyo mahirap ung finding ng probable cause accd to ma;am
 Probably this person or the testator is the one who is probably
guilty or committed the offense or the crime
 Let’s assume Prosecutor dismissed!
 Let us say before arraignment namove to quash or dinismiss ni judge
 What is written in the Information does not charge an offense/2x
jeopardy/prescription
 In this case, hindi groundless ung accusation just that it cannot
prosper due to some reason
 Na-arraign si accused ‘not guilty’ start to present evidence - accused
ngayon si accused, after nag-present si prosecution, si accused nag file
ng demurrer - insufficiency of evidence - 
 Dismissal or acquittal of the accused? 
 Not groundless - kulang lang!
 No cause for the disinheritance of the heir because not
groundless 
 Dinismiss yung demurrer - court found that evidence of prosecution was
insufficient - 
 Not groundless - proof beyond reasonable doubt kasi kailangan. 
 Most likely may evidence, just not enough for moral certainty
 Acquitted si accused kasi wala talagang offense/crime na nacommit or
may civil liability lang si accused
 Yes groundless 0 in this case, may ground si testator to
disinherit.
 Prescribed penalty - provided under the law
 ISLAW
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 3. 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;
 Parang vitiation of consent
4. A refusal without justifiable cause to support the parent or ascendant who disinherits such child
or descendant
 Refusal without justifiable cause - takes into consideration of the financial
capacity of the heir
 Ex: Justifiable cause - poverty, or excessive demand for support, not unjustifiable!
5. Force testator to change will
6. Refuse to support
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Article 915. A compulsory heir may, in consequence of disinheritance, be deprived of his legitime, for
causes expressly stated by law.

Article 916. Disinheritance can be effected only through a will wherein the legal cause therefor shall be
specified. 

Article 917. The burden of proving the truth of the cause for disinheritance shall rest upon the other
heirs of the testator, if the disinherited heir should deny it. 

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

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;
 Ex: Adopted child nakipag chukchakan sa adopted mom niya HAHAHAHA
 Or stepchild???
 Lolo yung apo niya or anak niya nagkarelationship with the grandmother 
 Age is not an issue - Freddie aguilar

(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;

 No need for criminal charge to be filed against anyone
 Not a requirement that there should be a conviction
 It is not a requirement na may conviction
 Mere act of maltreatment is a grounds for disinheritance of the child
(7) When a child or descendant leads a dishonorable or disgraceful life;
 Judge’s comment - isn’t this too subjective?
 Such as engaging in a life of crime or immorality, provided that it characterizes the mode of
living of the child or descendant disinherited, is a sufficient cause for disinheritance.
 Community perception will be a factor
 Case to case basis talaga - no hard and fast rule except for those really obvious such as
against public order, public policy

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

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
 Specific na yung act na pang daughter lang
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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
 Parang same ground as the one sa disinheritance of a child
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
 Exc ofc attainment of age of majority
 Other causes for loss of parental authority except for attainment of age of majority
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. 
 Attempt ng one parent to the other parent
 Testator is the child
 There is no requirement of conviction so long as there is attempt
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
 Eto lang ung additional ground for disinheritance of the spouse
5. When the spouse has given grounds for the loss of parental authority
6. Unjustifiable refusal to support the children or the other spouse

Article 922. A subsequent reconciliation between the offender and the offended person deprives the
latter of the right to disinherit, and renders ineffectual any disinheritance that may have been made.
 Pwede marevoke yung disinheritance
 Reconciliation 
 Not a mere civil relationship between the testaotr and the disinherited heir
 Need genuine reconciliation 
 Meron talagang intention to forget or to do away or forgive kung ano man nagging
cause 
 Testator makes a new will na nakalagay ung previously disinherited heir
 So mawawala ung disinheritance sa old will - once na revoke ung disinheritance bawal na ulit i-
disinherit unless it is based on new grounds

Article 923. 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