Dear PAO,

My father was a successful entrepreneur. During his lifetime, he executed a notarial will stating that he was disinheriting my only sibling, Manuel, on the grounds that Manuel had repeatedly physically and verbally maltreated him. The said will clearly provided the specific instances and dates of maltreatment made against him.

The said will was presented for probate upon the death of my father. Manuel contested the will, denying the allegations of abuse and arguing that he was a compulsory heir and could not be deprived of his legitime and that the disinheritance was only based on favoritism. During the probate proceedings, however, several witnesses testified to the contrary. Is Manuel correct?

Mateo

Dear Mateo,

No, Manuel is mistaken. His disinheritance is valid.

According to Articles 915 to 919 of the New Civil Code (NCC):

“Article 915. A compulsory heir may, in consequence of disinheritance, be deprived of his legitime, for causes expressly stated by law.

“Article 916. Disinheritance can be effected only through a will wherein the legal cause therefor shall be specified.

“Article 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.

“Article 918. Disinheritance without a specification of the cause, or for a cause the truth of which, if contradicted, is not proved, or which is not one of those set forth in this Code, shall annul 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.

“Article 919. The following shall be sufficient causes for the disinheritance of children and descendants, legitimate as well as illegitimate: x x x

(6) Maltreatment of the testator by word or deed, by the child or descendant; x x x”

Also, in the case of Dy Yieng Seangio, et al. vs. Hon. Amor A. Reyes, et al. (GR 140371-72, Nov. 27, 2006, Ponente: Associate Justice Adolfo Azcuna), the Supreme Court held that:

“For disinheritance to be valid, Article 916 of the Civil Code requires that the same must be effected through a will wherein the legal cause therefor shall be specified. With regard to the reasons for the disinheritance that were stated by Segundo in his document, the court believes that the incidents, taken as a whole, can be considered a form of maltreatment of Segundo by his son, Alfredo, and that the matter presents a sufficient cause for the disinheritance of a child or descendant under Article 919 of the Civil Code: x x x”

Based on the foregoing, the alleged maltreatment caused by Manuel against your father is a valid ground of disinheritance pursuant to Article 919 of the NCC. Article 915 also provides that it applies to compulsory heirs. Your father complied with the formal requirements when he executed the said notarial will and stated therein the cause of disinheritance and accounts of maltreatment/abuse on his person. The same was also proven during the probate proceedings. Corollary to the said disinheritance, Manuel is not entitled to his legitime.

We hope that we are able to answer your queries. This advice is based solely on the facts you have narrated and our appreciation of the same. Our opinion may vary when other facts are changed or elaborated.

Thank you for your continued trust and support.

Editor’s note: Dear PAO is a daily column of the Public Attorney’s Office. Questions for Chief Acosta may be sent to [email protected].