Professional Documents
Culture Documents
- The process or act, through a testamentary disposition of depriving in a will any compulsory heir
of his legitime for true and lawful causes. (Article 915, New Civil Code)
his legitime;
his intestate portion(free portion), if any; and
any testamentary disposition made in a prior will of the disinheriting testator.
The following shall be sufficient causes for the disinheritance of children and descendants,
legitimate as well as illegitimate: (DAMA – FASI)
1. Attempt against the life of the testator, his or her spouse, descendants, or ascendants
All stages of commissions are included – attempted, frustrated or consummated.
There must be intent to kill
Final conviction is necessary, however, this judgment may come before or after the
execution of the will.
2. Accusation
Three elements:
a. the act of accusing (may include the institution of a criminal action);
b. the fact that the accusation has been found groundless;
c. the offense or crime charged carries a penalty of imprisonment for at least six (6)
years.
Note that the alleged crime must have been committed against the child himself or
against any descendant, or for that matter against anybody.