Paras Chapter 2 Testamentary Succession Section 6 Disinheritance
Paras Chapter 2 Testamentary Succession Section 6 Disinheritance
Section 6: Disinheritance
ARTICLE 915. A COMPULSORY HEIR MAY, IN CONSEQUENCE OF DISINHERITANCE, BE DEPRIVE OF HIS LEGITIME, FOR
CAUSES EXPRESSLY STATED BY LAW.
Disinheritance the process or act, through a testamentary disposition of depriving in a will any cumpolsory heir of his
legitime for true and lawful causes.
- Purpose: Not Vengeance but RETRIBUTION inasmuch as there can be possible be no feelings of vengeance
between parents and children or between husband and wife at the supreme hour of death.
- Object: To punish the ungrateful, the culpable, the cruel, the innatural heir, or an unfaithful spouse/ To maintain
good order and discipline within the family
- Implications:
o Since it must be made in a will, there is NO DISINHERITANCE IN LEGAL SUCCESSION
o ONLY SOMPULSORY HEIRS CAN BE DISINHERITED for they alone are entitled to the legitime.
o COURTS MAY PROPERLY INQUIRE INTO THE VALIDITY OF DISINHERITANCE
o A disinheritance EXCLUDES the heir not only from the legitime but also from the free portion
Neither is it essential that the disinheritance be made in the same instrument by which
the testator provides for the disposition of his properties mortis causa, for the law merel
says a will, meaning any will.
(h) Heir disinherited must So that there will be no doubt as to who is really being disinherited.
be clearly identified
Applying the rule of institution of heirs, we may say that evidence aliunde can even be
allowed to determin the indentity of the heirs concerned, but in no case may oral
declarations of the testator be taken into account.
(i) The will must not have At least in so far as the disinheritance is concerned.
been revoked
Reconciliation mutual restoration of feelings to the status quo/ resumption fo family relations
- no special form; [This is a judicial question of fact] may be expressed or implied/presumed (parties live
together again)
- No reconciliation on the following
1) General pardon given at hour of death unless there be a removal of hurt feelings
2) Pardon not accepted by disinherited heir
3) Pardon which does not specify the heir or the act committed
4) Pardon given in the same will wherein he provides for the disinheritance. (stated forgiveness in
the name of morality)
- Effects of Reconciliation:
1) If no disinheritance has been made yet, no disinheritance can now be done.
2) Disinheritance already made is rendered INEFFECTUAL (as if no disinheritance at all)
Rules in case the Cause of Disinheritance (Art 919 921) is ALSO a Cause of Unworthiness (Art 1032):
(a) If the cause of unworthiness was made a ground for disinheritance and there is reconciliation, Art 922 will
govern and not Art 1033. the mere fact of reconciliation extinguishes the unworthiness and NO written
document is needed for a condonation [Person is rendered unworthy to succeed because the law presumes that
this is the will of the testator but the presumption cannot prevail over the express will of a person shown by his
act of reconciliation]
(b) If the cause of unworthiness was NOT made the ground for disinheritance or there has been no disinheritance at
all, Art 1033 will apply.
ARTICLE 1033. THE CAUSES OF UNWORTHINESS SHALL BE WITHOUT EFFECT IF THE TESTATOR HAD
KNOWLEDGE THEREOF AT THE TIME HE MADE THE WILL, OR IF HAVING KNOWN OF THE SUBSEQUENTLY, HE
SHOULD CONDONE THEM IN WRITING.
ARTICLE 919. THE FOLLOWING SHALL ARTICLE 920. THE FOLLOWING SHALL ARTICLE 921: THE FOLLOWING SHALL
BE SUFFICIENT CAUSES FOR THE BE SUFFICIENT CAUSE FOR THE BE SUFFICIENT CAUSES FOR
DISINHERITANCE OF CHILDREN AND DISINHERITANCE OF PARENTS OR DISINHERITING A SPOUSE:
DESCENDANTS, LEGITIMATE AS WELL ASCENDANCTS, WHETHER
AS ILLEGITIMATE: LEGITIMATE OR ILLEGITIMATE:
(1) WHEN A CHILD OR DESCENDANT (1) WHEN THE PARENT OR (1) WHEN THE SPOUSE HAS BEEN
HAS BEEN FOUND GUILTY OF AN ASCENDANT HAS BEEN CONVICTED OF AN ATTEMPT
ATTEMPT AGAINST THE LIFE OF CONVICTED OF AN ATTEMPT AGAINST THE LIFE OF THE TESTATOR,
THE TESTATOR, HIS OR HER AGAINST THE LIFE OF THE HIS OR HER DESCENDANTS, OR
SPOUSE, DESCENDANTS OR TESTATOR, HIS OR HER SPOUSE, ASCENDANTS;
ASCENDANTS; DESCENDANTS OR ASCENDANTS;
(2) WHEN A CHILD OR DESCNEDANT (2) WHEN THE PARENT OR (2) WHEN THE SPOUSE HAS ACCUSED
HAS ACCUSED THE TESTATOR OF ASCENDANT HAS ACCUSED THE THE TESTATOR OF A CRIME FOR
A CRIME FOR WHICH THE LAW TESTATOR OF A CRIME FOR WHICH WHICH THE PRESCRIBES
PRESCRIBES IMPRISONMENT FOR THE LAW PRESCRIBES IMPRISONMENT FOR SIX YEARS OR
6 YEARS OR MORE, IF THE IMPRISONMENT FOR SIX YEARS OR MORE, IF THE HAS BEEN FOUND
ACCUSATION HAS BEEN FOUND MORE, IF THE ACCUSATION HAS FALSE;
GROUNDLESS; BEEN FOUND FALSE;
(3) WHEN A CHILD OR DESCENDANT (3) WHEN THE PARENT OR (3) WHEN THE SPOUSE BY FRAUD,
BY FRAUD, VIOLENCE, ASCENDANT BY FRAUD, VIOLENCE, VIOLENCE, INTIMIDATION OR UNDUE
INTIMIDATION OR UNDUE INTIMIDATION OR UNDUE INFLUENCE CAUSES THE TESTATOR
INFLUENCE CAUSES THE INFLUENCE CAUSES THE TESTATOR TO MAKE A WILL OR TO CHANGE ON
TESTATOR TO MAKE A WILL OR TO MAKE A WILL OR TO CHANGE ON ALREADY MADE;
TO CHANGE ON ALREADY MADE; ALREADY MADE;
(4) A REFUSAL WITHOUT A (4) THE REFUSAL TO SUPPORT THE (4) UNJUSTIFIABLE REFUSAL TO
JUSTIFIABLE CAUSE TO SUPPORT CHILDREN OR DESCENDANT SUPPORT THE CHILDREN OR THE
THE PARENT OR ASCENDANT WITHOUT JUSTIFIABLE CAUSE; OTHER SPOUSE;
WHO DISINHERITS SUCH CHILD
OR DESCENDANT;
(5) WHEN A CHILD OR DESCENDANT (5) WHEN THE PARENT OR
HAS BEEN CONVICTED OF ASCENDANT HAS BEEN CONVICTED
ADULTERY/ CONCUBINAGE WITH OF ADULTERY OR CONCUBINAGE
THE SPOUSE OF THE TESTATOR; WITH THE SPOUSE OF THE TESTATOR
(6) THE LOSS OF PARENTAL (5) WHEN THE SPOUSE HAS GIVEN
AUTHORITY FOR CAUSES SPECIFIED GROUNDS FOR THE LOSS OF
IN THIS CODE; PARENTAL AUTHORITY;
(6) MALTREATMENT OF THE (7) WHEN TH PARENTS ABANDONED (6) WHEN THE SPOUSE HAS GIVEN
TESTATOR BY WORDS OR DEEDS, THEIR CHILDREN OR INDUCED THEIR CAUSE FOR LEGAL SEPARATION.
BY CHILD OR DESCENDANT; DAUGHTERS TO LIVE A CORRUPT OR
IMMORAL LIFE OR ATTEMPTED
AGAINST THEIR VIRTUE;
(7) WHEN A CHILD OR DESCENDANT (8) AN ATTEMPT BY ONE OF THE
LEADS A DISHONORABLE LIFE; PARENTS AGAINST THE LIFE OF THE
OTHER, UNLESS THERE HAS BEEN
RECONCILIATION BETWEEN THEM.
(8) CONVICTION OF CRIME WHICH
CARRIES WITH IT THE PENALTY
OF CIVIL INTERDICTION.
Article 919, 920, 921 Par 1: Article 919, 920, 921 Par 3:
Final Judgment of Conviction by a Court of Justice -
may come before or after the execution of the will FIVU fraud, violence, intimidation or undue
Intent to Kill (must) influence
If an attempt is sufficient to disinherit, it follows
that if the act is consummated or frustrated there is
sufficient cause for disinheritance. This is true even Art 919, 9210, 921 Par 4:
if the heir be only an accomplice, provided of course
that there was intent to kill. No judicial demand is needed for the law does not
Pardon on the conviction does not invalidate the require this
disinheritance (unless pardon is based on complete If there had been a refusal to support and support is
innocence) alter given but only because of judicial compulsion,
Not a ground under Par 1: homicide through this would still be a valid ground for disinheritance.
reckless imprudence Example: A son, although he could afford to do so,
refused to support his father, who needed the
Art 919, 920, 921 Par 2: same. The father can disinherit said son. But of
course if the father had been cruel to the son or had
3 elements:
abandoned the latter, the son would be justified in
o Act of accusing
o The fact that the accusation has been refusing to give support. In such a case, there would
found groundless be no valid cause of disinheritance under this
o The offense or crime charged carries a ground.
penalty of imprisonment for at least 6
years
Accusation includes: Art 919, 920 Par 5:
o Institution of a criminal action
It is essential that there must a final judgment of
o Witness in a case against the testator
conviction either in adultery case or in the
(he affirms or corroborates the
concubinage case
accusation)
o If the heir-witness is in possession of
facts which might result in the
testators acquittal and the heir- Art 920, 921 Par 6:
witness deliberately fails to reveal said
Parental Authority terminates:
facts
o Upon the death of parents or of the
If the accusation proves to be true, there will not be
child [for me absurd cause]
a valid disinheritance
o Upon emancipation [for me absurd
Alleged crime must be committed against the child
cause]
himself or against any descendant or for that
o Adoption of a child [for me absurd
matter against anybody.
cause]
This does not mean that the accusation is
o Upon appointment of a general
groundless:
guardian [for me absurd cause]
o Acquitted on the ground of lack of
o Upon judicial declaration of
proof og guilt beyond reasonable
abandonment of the child in case filed
doubt
for the purpose
o Acquitted on the ground of lack of
o Upon final judgment of a competent
criminal intent
court divesting the party concerned of
parental authority
o Upon judicial declaration of absence or Art 919 Par 6:
incapacity of the person exercising
parental authority 2 causes:
The father, and in a proper case the mother, shall o Maltreatment by words (slanderous words,
offensive language)
temporarily (merely suspended) lose authority over
their children: o Maltreatment by deed
o Art 230 of FC. When by conviction in a Spanish Court no need for final conviction but
criminal case, the penalty of civil maltreatment should have been caused
interdiction is imposed upon him or her INTENTIONALLY and not merely through
o Art 231 of FC. Grounds of suspension of IMPRUDENCE
parental authority may be declared by Manresa as long as acts of violence are committed
the court. against the testator, whether physical injuries
[for me absurd cause] Art 328 of NCC. The mother resulted or not, there would be a case of
who contracts a subsequent marriage loses the maltreatment.
parental authority over her children, unless the Maltreatment by an ASCENDANT of a descendant
deceased husband, father of the latter, has does not constitute a ground for the descendant to
expressly provided in his will that his widow might disinherit the ascendant, for while it may be an
marry again, and has ordered that in such case, she ABUSE, it is generally in the exercise of a power. The
should keep and exercise parental authority over reverse is, however, repugnant to natural law, and
the children. is therefore a ground for disinheritance.
Art 332 of NCC. The courts may deprive the parents
of their authority or suspend the exercise of the
same if they should treat their children with Art 919 Par 7:
excessive harshness or should give them corrupting
orders, counsels, or examples, or should make them No need for final conviction
beg or abandon them. The essence of the cause is that anything that
Suppose parental authority which had been lost is brings dishonor or disgrace to the family of the
later on recovered while child-testator is still alive, testator merits correction in the form of
would the disinheritance made be valid? disinheritance. However, a single act is not
o According to Sanchez Roman, ordinarily sufficient for leading a life implies
DISINHERITANCE CONTINUES TO BE continuity.
VALID reason: disinheritance is made
not so much because of loss of parental
authority but because there had been a Art 919 Par 8:
commission of an act resulting in such
loss of authority Final Conviction Needed
o According to Paras, Manresa and Under Arts 40 and 41 of RPC, civil interdiction is
Scaevola, DISINHERITANCE BECOMES given as an accessory penalty to:
INEFFECTIVE AND INVALID - reason: o Death (if commuted)
Upon the death of the child-testator, o Reclusion perpetua
parental authority had been regained, o Reclusion temporal
and therefore, there can exist no just (Note: if indeterminate sentence law is
cause for the disinheritance. applied, it is the MAXIMUM that should
be considered and not the MINIMUM.)
Art 34. Effects of Civil Interdiction: Deprivation of Art 921 Par 6:
following rights:
o Parental rights A decree of legal separation is NOT essential nor is a
o Guardianship over the ward final judgment in a criminal case is required. If there
is already a legal separation decree before the
o Marital authority
o Right to manage property and to dispose of execution of the will, disinheritance is
the same by acts inter vivos SUPERFLUOUS, for this in effect would be denying
the guilty spouse of a right NOT possessed.
Art 920 Par 7: