1.

Disinheritance
What is disinheritance?

Disinheritance is an act by which an owner of an estate deprives a person who would

otherwise be his heir, or the right to inherit it. It can be effected only through a will wherein
the legal cause shall be specified. The cause must be one authorized or enumerated by law.
The burden of proving the truth of the cause of the disinheritance shall rest upon the heirs
of the testator, if the disinherited heir should deny it. Further, the New Civil Code has made
mention of disinheritance in this article:

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

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

What are the grounds for disinheritance of a descendant?

The grounds for disinheritance is expressly stated in this article:

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;

*There should be a final judgment of conviction by a court of justice of the guilt of the
descendant which however, may come before or after the execution of the will and the guilt
must be established.

(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;

*The act of accusing as understood in this paragraph may include the institution of a criminal
action, or even the mere statement of the heir as a witness in a case against the testator, a
statement where said heir affirms or corroborates the accusation. As a matter of fact, if the
heir-witness is in possession of facts which might result in the testator’s acquittal and the
heir-witness deliberately fails to reveal said facts, there is also an “accusation.”

(3) When a child or descendant has been convicted of adultery or concubinage with the
spouse of the testator;
*It is essential that there must be a final judgment of conviction either in the adultery caseor
in the concubinage case before this Article can be applied.

(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;

*No judicial demand is needed for the law does not require this. Note that when a judicial
pronouncement is needed, the law says so.

(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;

*Note that maltreatment by an ascendant of a descendant does not constitute a ground for
the descendant to disinherit the ascendant, for while it may be an abuse, it is generally in the
exercise of a power. The reverse is however repugnant to natural law, and is therefore a
ground for disinheritance.

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

*There need not be final judgment of conviction. The essence of the cause is that anything
that brings dishonor or disgrace to the family of the testator merits correction in the form of
disinheritance. However, a single act is not ordinarily sufficient, for “leading a life” implies
continuity.

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

What are the grounds for disinheritance of an ascendant?

The grounds for disinheritance is expressly stated in this article:

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 daughters to live a
corrupt or immoral life, or attempted against their virtue;

*Abandonment is indeed physical, moral, social or educational; hence, it does not have the
technical signification of “abandonment” under the Rev. Penal Code. Moreover, whether
intentional or not, the negligent and careless failure to perform the duties of parenthood is a
significant element of abandonment.

(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)

*Note well that this paragraph does not apply when the attempt is against the life of a person
other than the other parent. When a father for instance attempts to kill his own father-in-
law, the son of the offending father cannot disinherit him on this ground.

What are the grounds for disinheritance of a spouse?

The grounds for disinheritance is expressly stated in this article:

Art. 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)

2. Reserva Troncal
Reserva troncal – The ascendant who inherits from his descendant any property which the
latter may have acquired by gratuitous title from another ascendant, or a brother or sister,
is obliged to reserve such property as he may have acquired by operation of law for the
benefit of relatives who are within the third degree and who belong to the line from which
said property came. (Art. 891)

Purpose:

To prevent persons who are outsiders to the family from acquiring, by chance or accident,
property which otherwise would have remained with the said family. In short, to put back
the property to the line from which it originally came.

Note: Other terms used to refer to reserva troncal:

1. Lineal

2. Familiar

3. Extraordinaria

4. Semi-‐troncal

5. Pseudo-‐troncal

What are the requisites that must exist in order that a property
may be impressed with a reservable character?
1. That the property was acquired by a descendant (called “praepositus” or propositus)
from an ascendant or from a brother or sister by gratuitous title when the recipient does
not give anything in return;

2. That said descendant (praepositus) died without an issue;

3. That the same property (called “reserva”) is inherited by another ascendant (called
“reservista”) by operation of law (either through intestate or compulsory succession) from
the praepositus; and

4. That there are living relatives within the third degree counted from the praepositus and
belonging to the same line from where the property originally came (called
“reservatarios”). (Art. 891; Chua v. CFI of Negros Occidental, Branch V, 78 SCRA 412;
Rabuya, Civil Law Reviewer, pp. 634-‐635)

Does the reservista own the reservable property?

The reservista is an absolute or full owner, subject to a resolutory condition. If the
resolutory condition is fulfilled, the reservista’s ownership of the property is terminated.

Resolutory condition: If at the time of the reservista’s death, there should still exist
relatives within the third degree (reservatarios) of the propositus and belonging to the line
from which the property came.
Note: The reservable property is not part of the estate of the reservista.

When does the reservatario acquire the right over the reservable
property?
Upon the death of the reservista, the reservatario nearest the decedent propositus
becomes, automatically and by operation of law, the absolute owner of the reservable
property. (Cano v. Director of Lands)

Is there right of representation in reserva troncal?

Yes. There is representation in reserva troncal, but the representative must also be within
the third degree from the propositus. (Florentino v. Florentino)