DISINHERITANCE: REQUISITES UNDER PHILIPPINE CIVIL LAW

Disinheritance, as governed by Article 915 to 921 of the Civil Code of the Philippines, is the deliberate act of a testator to deprive a compulsory heir of their legitime. It is a strictly regulated act under the law to ensure fairness and avoid abuse. Below are the requisites for a valid disinheritance:

1. LEGAL GROUNDS

Disinheritance can only be effected for specific causes expressly enumerated by law. The causes are exclusive and must strictly be followed. They are outlined in Articles 919, 920, and 921 of the Civil Code, depending on the category of the compulsory heir being disinherited.

For Children and Descendants (Art. 919):
1. When the child has been found guilty of a crime involving physical violence or attempted murder against the testator, his/her spouse, ascendants, or descendants.
2. When the child has been found guilty of a crime involving adultery or concubinage with the testator's spouse.
3. When the child has accused the testator of a crime punishable by imprisonment for 6 years or more, provided the accusation is false.
4. When the child has been convicted of a crime resulting in civil interdiction.
5. When the child leads a dishonorable or immoral life.
6. When the child causes grave insult or injury to the testator.
7. When the child has maltreated the testator by word or deed.
8. When the child has failed to comply with a legal order to support the testator without justifiable cause.
For Parents and Ascendants (Art. 920):
1. When the parent has abandoned the child or induced the child to lead a corrupt life or to commit a crime.
2. When the parent has attempted against the life of the child.
3. When the parent has accused the child of a crime punishable by imprisonment for 6 years or more, provided the accusation is false.
4. When the parent has maltreated the child by word or deed.
5. When the parent leads a dishonorable or immoral life.
6. When the parent has failed to comply with a legal order to support the child.
For Spouse (Art. 921):
1. When the spouse has been found guilty of a crime involving physical violence or attempted murder against the testator.
2. When the spouse has accused the testator of a crime punishable by imprisonment for 6 years or more, provided the accusation is false.
3. When the spouse causes grave insult or injury to the testator.
4. When the spouse has maltreated the testator by word or deed.
5. When the spouse leads a dishonorable or immoral life.
6. When the spouse has abandoned the testator without justifiable cause.

2. INCLUSION IN A VALID WILL

Disinheritance must be contained in a valid will. The requisites for the validity of a will under Articles 804 to 818 of the Civil Code must be satisfied. These include:

The testator must have testamentary capacity (sound mind and legal age).
The will must comply with the formalities prescribed by law (e.g., holographic or notarial wills).
The will must clearly and unequivocally express the intention to disinherit.

3. EXPRESS DECLARATION

The disinheritance must be expressly stated in the will, clearly identifying:

The person to be disinherited.
The specific legal ground for disinheritance.

Implied disinheritance is not recognized under Philippine law. The grounds must be stated with specificity to allow the heir and others to know the basis for the disinheritance.

4. TRUTH OF THE CAUSE

The cause for disinheritance must be true and existing at the time of the disinheritance. A false or non-existent cause renders the disinheritance void.

If the ground for disinheritance is contested, the burden of proof rests on the compulsory heir to prove that the alleged cause does not exist.

5. LEGAL EFFECT OF INVALID DISINHERITANCE

If the disinheritance is invalid (e.g., for lack of a legal ground, non-compliance with formalities, or a false cause), the disinherited heir retains their right to their legitime.

6. RECONCILIATION

Under Article 922 of the Civil Code, reconciliation between the testator and the compulsory heir revokes the disinheritance. Once reconciliation is proven, the disinheritance is rendered void, and the heir’s right to their legitime is restored.

7. LIMITATION TO DISINHERITANCE

Legitime Cannot Be Waived: The legitime of compulsory heirs is protected by law and cannot be reduced except by valid disinheritance.
Freedom of Testation Is Limited: A testator cannot freely disinherit compulsory heirs except for the causes strictly enumerated by law.

JURISPRUDENCE

Several Philippine Supreme Court rulings emphasize strict compliance with the requisites of disinheritance:

Marcos v. Marcos: The Court ruled that failure to explicitly state the cause of disinheritance in the will renders the act void.
Borromeo v. Borromeo: Reiterated that a groundless or false accusation against the testator by the heir does not justify disinheritance without proper evidence.
De Borja v. De Borja: Highlighted that reconciliation nullifies disinheritance.

CONCLUSION

Disinheritance under Philippine law is a delicate and strictly regulated process. It requires adherence to legal grounds, proper formalities, and truthful causes. Any deviation renders the disinheritance void, ensuring that the rights of compulsory heirs are protected against capricious acts of exclusion.