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Sec. 6.

DISINHERITANCE
Art. 915. A compulsory heir may, in concequece of disinheritance, be
deprived of his legitime for causes expressly stated by law.
Art. 916. Disinheritance can only be effected only through a will wherein
the legal cause therefor shall be specified.
Art. 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.
DISINHERITANCE The act of the testator on depriving a compulsory heir of his
legitime for causes expressly stated by law.
Note: It is the only instance where a compulsory heir may be deprived of his
legitime by the testator.
Reason: there are certain instances when a person may not want his property or
fortune for which he had slaved for so long to pass after his death to a compulsory
heir because of some antecedent act of the latter.
REQUISITES OF DISINHERITANCE:
1. The disinheritance must be for a cause expressly stated by law (most
indispensable req);
2. It must be effected only through a valid will;
3. The legal cause for disinheritance must be specified;
4. The cause must be certain and true;
5. It must be total; and
6. It must be unconditional.
Note: Just cause or strong belief of the testator that he has a strong ground to
disinherit is not sufficient. If such cause is not one of those stated by the law,
disinheritance is null and void.
Disinheritance must be effected only through a valid will. The act of
disinheritance involves the exercise of an exceptional power or virtue of which a
compulsory heir is deprived of his legitime. If the will is invalid, the disinheritance is
also invalid. If the will is valid but subsequently revoked in accordance with law, the
disinheritance is also revoked.
The cause for the disinheritance must be specified in the will itself There
can be no implied or tacit disinheritance.
In case where the last will of the testator is embodied in several documents, if a
compulsory heir is disinherited in one will without specification of the cause, the
defect may be cured if the cause is specified in another will.
The law requires that the cause must be express but there is no legal precept
that which requires that the specification must be couched I the exact language of
the law or that details and other circumstances surrounding it must be given.
The will must be certain and true. Remember:

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;
The cause must not be a mere figment of the mind or insane delusion;
Neither it must be based on mere suspicion or on biased opinion of others;

The testator must not only have a knowledge of the cause, but it must also
be in the process of being committed, or at least, it has already been
committed at the time of the disinheritance.

Art. 918. Disinheritance without specification of the cause or for a cause


the truth of which, f contradicted, is not proved, or which is not one of
those set forth in this Code, shall annul the institution of heirs in so far 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.
IMPERFECT DISINHERITANCE
1.
2.
3.
4.

When
When
When
When

it does not specify the cause;


it specifies a cause the truth of which is contradicted, is not proved;
it specifies a cause which is not one of those set forth in the Code;
the other requisites for a valid act of disinheritance are lacking.

IMPERFECT DISINHERITANCE VS PRETERITION


IMPERECT DISINHERITANCE
The person disinherited may be any
compulsory heir
The attempt to deprive the heir of his
legitime is always express
The attempt to deprive the heir of his
legitime is always intentional
The effect is partial annulment of the
institution of heirs

PRETERITION
The person omitted must be a
compulsory heir in the direct line.
The attempt is always implied
The attempt may be intentional or
unintentional
The effect is total annulment

EFFECT OF IMPERFECT DISINHERITANCE


The imperfect inheritance of a compulsory heir shall result in the annulment
of 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 of the ccompulsory heirs.

ART. 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 6 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. When a child or descendant leads a dishonorable or disgraceful life;

7. Conviction of a crime which carries with it the penalty of civil


interdiction.

GROUNDS FOR DISINHERITANCE


1) ATTEMPT AGAINST THE LIFE OF THE TESTATOR, HIS OR HER SPOUSE,
DESCENDANTS OR ASCENDANTS:
This ground refers to either attempted or frustrated parricide.
REQUISITES:
a) That the child or descendant must have committed either attempted or
frustrated parricide;
b) That the child or descendant must have been convicted for the criminal
offense of attempted or frustrated parricide.
It is possible that even if there is no previous criminal conviction, the
attempt, if made against the life of the testator, will constitute a valid
ground for disinheritance. Provided: that it falls within the purview of
maltreatment of the testator by word or deed
2) WHEN THE CHILD OR ASCENDANT HAS ACCUSED THE TESTATOR OF A
CRIME WHICH THE LAW PRESCRIBES IMPRISONMENT FOR 6 YEARS:
REQUISITES:
a) The heir must have accused the testator of a crime;
b) The penalty prescribed by law for such crime must be 6 years imprisonment
or more;
c) The accusation must have been found to be groundless.
Accusation includes not only the act of the disinherited heir of
instituting the criminal action in the capacity of a complainant, but also
any act of intervention such as being a witness for the prosecution, by
which he accuses the testator of having committed the crime charged.
As to the third requisite, it will not make any material difference
whether the accusation was found groundless during the preliminary
investigation, trial or on appeal.
3) WHEN A CHILD OR DESCENDANT HAS BEEN CONVICTED OF ADULTERY
OR CONCUBINAGE WITH THE SPOUSE OF THE TESTATOR
A final judgment of conviction is essential requisite.
Mere adultery or concubinage with the spouse of the testator is not a
ground for the disinheritance of a child or descendant.
It is possible that even without a previous conviction, adultery or
concubinage with the spouse may be a ground, provided that it falls within
the purview of living a disgraceful life.
4) WHEN THE CHILD OR DESCENDANT BY FRAUD, VIOLENCE,
INTIMIDATION OR UNDUE INFLUENCE CAUSES THE TESTATOR TO
MAKE A WILL OR TO CHANGE ONE ALREADY MADE
a) Fraud, violence , imtimidation, or undue influence may have been
employed for the purpose of:
o Causing the testator to execute a will; or
o Causing the testator to change a will already made.

5) WHEN THE CHILD OR DESCENDANT REFUSES WITHOUT JUSTIFIABLE


CAUSE TO SUPPORT THE TESTATOR
The refusal of the child or descendant to give support must be without
justifiable cause.
If with justifiable cause, disinheritance would be ineffectual or imperfect.

6) WHEN A CHILD MALTREATS THE TESTATOR BY WORD OR DEED


this ground includes all acts of violence against the person of the testator.
It also includes maltreatment of the testator by words, whether such
words are defamatory or not.
Final judgment is not required.
However, it is necessary that the maltreatment is intentional or voluntary.
If it was due to insanity, lack of discernment, or tender years of the child
or descendant, the maltreatment cannot be considered as a sufficient
cause for disinheritance.
7) WHEN THE CHILD OR DESCENDANT LEADS A DISHONORABLE OR
DISGRACEFUL LIFE
Any dishonorable or disgraceful conduct, such as engaging 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.
8) WHEN THE CHILD OR DESCENDANT IS CONVICTED OF A CRIME WHICH
CARRIES WITH IT THE PENALTY OF CIVIL INTERDICTION

Art. 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
daughter 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 or, 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 the ascendant by fraud, violence intimidation, or
undue imfluence causes the testator to make a will or to change one
already made;
6. The loss of parental authority for causes mentioned 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.
GROUNDS FOR DISINHERITACE OF ASCENDANTS
1) WHEN THE PARENTS HAVE ABANDONED THEIR CHILDREN, OR
INDUCED THEIR DDAUGHTERS TO LIVE A CORRUPT OR IMMORAL LIFE,
OR ATTTEMTED AGAINST THEIR VIRTUE.

This ground may be subdivided into three:


o When parents have abandoned their children;
o When parents have induced their daughters to love a corrupt or
immoral life;
o When the parents have attempted against the virtue of their
daughters.

ABANDONMENT refers to the failure of the parents to give to their children


due care, instruction and support

Art. 316 of family code (duty of parents to their unemancipated children):


o To support them;
o To have them in their company;
o Educate and instruct them in keeping with their means;
o To represent them in all actions which may redound to their benefit.
Failure to comply with these duties shall justify a child in disinheritance of
a parent.

inducing their daughters to live a corrupt and immoral life


comprehends the act of the parents in inducing their daughters or
granddaughters, by advice, by force, intimidation, or any other positive act,
to live a life of corruption and immorality.

The law speaks of speaks of daughters, but this must be taken to mean
any daughter or granddaughter of the erring parent or parents.

attempting against their virtue includes any act of parents either


as principals, co-principals or accomplices. This would include all
criminal acts against the chastity of the latter.
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 ASCEDANT ACCUSED THE TESTATOR OF A
CRIME FOR WHICCH THE LAW PRESCRIBES IMPRISONMENT FOR SIX
YEARS OR MORE;
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 CHANGE ONE ALREADY MADE;
6) WHEN THE PARENT OR ASCENDANT REFUSES WITHOUT JUSTIFIABLE
CAUSE TO SUPPORT THE TESTATOR
Numbers 2-5 are common ground for the disinheritance of any compulsory
heir.
7) LOSS OF PARENTAL AUTHORITY
There must be actual loss of parental authority; otherwise the testator
cannot disinherit the parent or ascendant
for causes specified in this code:
o Emancipation;

o
o
o
o
o
o

Adoption;
Appointment of general guardian;
Subsequent marriage of the widowed mother;
Deprivation by final judgment in a criminal case;
Deprivation by final judgment in legal separation proceedings;
deprivation by final judgment on the ground of excessive
harshness, or of corrupting orders, counsels or examples, or of
making them beg, or of abandonment/

(the enumeration from emancipation to subsequent marriage of widowed


mother are examples of emancipation by operation of law. No right to
disinherit on these grounds because law says that loss of parental authority
effected by final judgment)

What the law allows the testator to punish is not the consequence of the
offense, but the offense itself.
Even if there is a restoration of parental authority brought about by absolute
pardon or by reconciliation of the spouses, it cannot erase the existence of
the offense against the testator the ground for disinheritance still exists.
Note: this conclusion is predicated upon the fact that there is no
reconciliation between the offended and the offender, because, otherwise,
provisions of art. 922 shall apply.

8) AN ATTEMPT BY ONE OF THE PARENTS AGAINST THE LIFE OF THE


OTHER, UNLESS THERE HAS BEEN A RECONCILIATION BETWEEN
THEM.
Unlike the grounds stated in Nos.2 and 4 of this article, a final judgment of
conviction is not an essential requisite.

Art. 921. The following shall be sufficient causes for disinheritance of a


spouse:
1. When the spouse have been convicted of an attempt against the life
of the testator, his or his descendants or ascendants;
2. When the spouse has accused the testator of a crime for which the
law prescribes imprisonment for six (6) years or more, and the
accusation has been found to be false;
3. When the spouse by fraud, violence, intimidation, or undue influence
causes 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.
GROUNDS FOR DISINHERITANCE OF SPOUSE
NOTE:

WHEN THE SPOUSE HAS GIVEN GROUNDS FOR LOSS OF PARENTAL


AUTHORITY
o Under this ground, the mere fact that there is a ground for the loss
of parental authority is a sufficient cause for disinheritance.
Whereas, in No.6 of Art. 920, in order that a child or descendant can
disinherit a parent or ascendant, it is essential that there must be
an actual loss of parental authority.

Art. 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.
EFFECT OF SUBSEQUENT RECONCILLIATION

Must be a bilateral act.


Once there is reconciliation between the offender and the offended
person, such reconciliation shall have the effect of depriving the latter of
the right to disinherit the former or of rendering ineffectual any
disinheritance that may have been made.

Art. 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.
EFFECTS OF DISINHERITANCE

Most important effect of disinheritance is the deprivation f the compulsory


heir who is disinherited of any participation in the inheritance including his
legitime.
If the compulsory heir has children or descendants of his own, such children
or descendants, according to Art. 923 shall take his or her place and shall
preserve his or her right with respect to the legitime.