LABOR CODE -does not have to be regular as long as employer- -female reproductive organ as certified by a

employee relationship is present competent physician

Leaves -to allow the husband to render the wife support in -2 months with full pay
nursing the newborn -cannot be converted to cash
Service Intensive Leave -can be availed 4 times, as long as to the lawful wife -not every year, only as the need arises
-the only leave given by the labor code -not all: the father must be living with the wife
-Article 95 of Labor Code: At least 1 year of service -EXPN: work requires the father to move 13TH MONTH PAY
-5 days of leave with pay outside of the house (still entitled) -not a Labor Code provision
-usually termed as sick leave or vacation leave since -can be availed after the delivery -P.D. 851
it is easier to remember -cannot be converted to cash, so better use it -an additional pay
-convertible to cash -can be extended up to 14 days -entire month of pay
-in proportion to the number of months rendered -a right thus with or without request, the law requires
-EXPN: those who are already enjoying the benefit SOLO PARENTS the employer to give
-those enjoying vacation leave with 5 days -to enable him/her -not the same with Christmas Bonus, 14th month pay,
-those employing less than 10 employees -the child must be below 18 years of age or year-end bonus
-government employees -EXPN: if the child is mentally challenged -not a statutory right
-maid, drivers and incapable of self-support, and is beyond -when: every 24th of December or before
-field personnel 18 years of age, the parent may avail -can be divided into two
-managers -7 days every year -14th month: not a matter of right
-Article 82 -REQ: Solo parent -being generous is sanctioned by law
-not necessarily to be consecutively consumed -ID from DSWD proving that you are a solo -ripens into a right, a company practice
-difference with service charge: parent
-Service charge is a labor benefit -will be extinguished once you marry BONUS
given/applicable to hotel, restaurants, and -cannot be converted to cash -not a matter or right
the like -given by the employer out of satisfaction
VAWC LEAVE OR THE BATTERED WIFE LEAVE -generosity of the employer
WOMEN -kind of violence: physical, psychological, mntal, -EXPN: if it becomes a company practice
1. Maternity Leave: emotional -the amount varies
-availed up to 4 deliveries -maximum of 10 days per abuse with full pay
-before: normal- 60 days; CS- 78 days; aborted- 60 -cannot be extended WAGES
-all paid by SSS 100 % -EXPN: you can extend as long as -wage: associated with low income daily worker
only applicable to private personnel with protection order from the court or the -Cannot be withhold
-REQ: female barangay -salary: compensation for employees
-an employee of SSS -file a case first -company set-up
-contributed at least 3 contributions -ask a certification from the barangay, kagawad, -can be withheld
-notified the employer and the SSS barangay captain, of the fiscal/clerk of court -Principles:
-New Law: (Feb 21) -will not cover children because children cannot be (1) wage must be in a form of money (Art. 102) that
-105 days paid maternity leave employed is payable to the employee only
-extendable up to 30 days but no longer paid -if the child is the victim, the mother may avail of the MABESA vs NLRC
-7 days may be transferrable to the father leave -facility: convenience of the employee
-15 days since publication -supplement: convenience of the employer
-can be availed even if not married SPECIAL LEAVE FOR WOMEN -not deducted from salary
-cannot be converted to cash -regardless of age/civil status -about the employees of the hotel who are utilizing
-gynecological disorder the requires operation the hotel rooms as their sleeping quarters and
PATERNITY LEAVE -dilatation showers in there
-only those married employees in private sector
-must not be below the minimum wage set per Who prescribes the minimum wage? RTWPB made, the employer shall pay the wages
Region (Regional Tripartite Wages and Productivity Board).
immediately after such force majeure or
(2) the RTWPB sets the wages Every region has diff. minimum wage as well as the
-not mandatory to follow the wage kind of industry. circumstances have ceased. No
-handicap Is there expn to this principle? YES, apprentice and employer shall make payment with less
-apprenticeship and learners learners and handicap workers are exempted. Less frequency than once a month.
-the money must be in legal tender. Dili pwede ang natatanggap nila.
hatagan ang empleyado ug promisory note or
voucher, or any other things aside from money even 3rd principle: prohibition against diminution of The payment of wages of employees
if expressly requested by employee, you still cannot benefits. engaged to perform a task which
give goods. 100: Prohibition against elimination or cannot be completed in two (2) weeks
Lahat ba ng kinds ng pera pwede ibigay ibigay? No, shall be subject to the following
the money must be of legal tender. Legal tender in
diminution of benefits. Nothing in this
monetary parlance is the one that is accepted in the Book shall be construed to eliminate or conditions, in the absence of a
market. in any way diminish supplements, or collective bargaining agreement or
other employee benefits being enjoyed arbitration award:
102: 2nd paragraph Formsof payment. No at the time of promulgation of this
employer shall pay the wages of an Code. 1. That payments are made at
employee by means of promissory intervals not exceeding sixteen
notes, vouchers, coupons, tokens, Hindi possible na magkonti ng sweldo. The only (16) days, in proportion to the
direction of the salary is to go up. Going down will
tickets, chits, or any object other than be a violation.
amount of work completed;
legal tender, even when expressly
requested by the employee. 127: Non-diminution of benefits. No 2. That final settlement is made
wage order issued by any regional upon completion of the work.
Payment of wages by check or money DEFINITION: force majeure:
board shall provide for wage rates lower
order shall be allowed when such unforeseeable circumstances that
than the statutory minimum wage rates
manner of payment is customary on the prevent someone from fulfilling a
prescribed by Congress. (As amended
date of effectivity of this Code, or is contract.
by Republic Act No. 6727, June 9,
necessary because of special 1989) Is this strictly applied? The law also provides for
circumstances as specified in exceptions. If on account of force majeure or
appropriate regulations to be issued by circumstances beyond the employer’s control.
TIME OF PAYMENT: Payment of wages on or within the time limit cannot
the Secretary of Labor and Employment
be meet, the employer shall pay the wages
or as stipulated in a collective
103: Time of payment. Wages shall be immediately after such force majeure or
bargaining agreement. circumstances have ceased. TAKE NOTE: no
paid at least once every two (2) weeks employer shall make payment with less frequency
or twice a month at intervals not than once a month. Every month maka receive jud ka,
It became customary na ubang company kay ATM na exceeding sixteen (16) days. If on especially sa mga katabang, once a month lang na
and cheques. account of force majeure or ilahang salary.
circumstances beyond the employer’s
2nd principle. You cannot pay wages below the
applicable minimum wage. control, payment of wages on or within
the time herein provided cannot be
WHERE TO PAY THE WAGE b. Where the worker has died, in deceased employee and the fact that they are his
Art. 104. Place of payment. Payment which case, the employer may heirs.
of wages shall be made at or near the pay the wages of the deceased Principle: non-interference in disposal of wages. The
place of undertaking, except as worker to the heirs of the latter employer should not interfere with how the employee
otherwise provided by such regulations without the necessity of intestate should spend his salary.
as the Secretary of Labor and proceedings. The claimants, if
Employment may prescribe under they are all of age, shall execute Art. 112. Non-interference in disposal
conditions to ensure greater protection an affidavit attesting to their of wages. No employer shall limit or
of wages. relationship to the deceased and otherwise interfere with the freedom of
the fact that they are his heirs, to any employee to dispose of his wages.
At the workplace.
the exclusion of all other He shall not in any manner force,
If there is a bank within 1 km radius from the
workplace, you may do so. In fact it is more safe to persons. If any of the heirs is a compel, or oblige his employees to
deposit wage from the bank. minor, the affidavit shall be purchase merchandise, commodities or
executed on his behalf by his other property from any other person, or
natural guardian or next-of-kin. otherwise make use of any store or
PRINCIPLES OF WAGES:
TO WHOM SHOULD YOU PAY WAGES? Directly The affidavit shall be presented services of such employer or any other
to the workers. Hindi ba pwede ang anak or asawa? to the employer who shall make person.
NO, bc the rule is that it should be paid to the payment through the Secretary of
workers to whom the wage is due. Are there Labor and Employment or his
exeptions? YES. What if sabihin ng employer na ayaw na pag-adto ug
representative. The bar ha. Is this interference? The SC said NO. It is just
representative of the Secretary of an advice. But what if the ER sets a canteen inside
105: Directpayment of wages. Wages
Labor and Employment shall act the workplace. It is owned basically by the ER. This
shall be paid directly to the workers to time walang pwede mahtinda kundi ako lang. lahat ng
as referee in dividing the amount
whom they are due, except: empleyado dapat bibili sa akin or mangungutang sa
paid among the heirs. The akin. At the time of pay, I deduct lang sa sweldo. Is
payment of wages under this thois a kind of interference? The SC said YES.
a. In cases of force majeure
Article shall absolve the employer What if the canteen is owned by somebody else? Will
rendering such payment
of any further liability with this be interference? The answer is NO.
impossible or under other special Interference will only happen if it is the employer
respect to the amount paid.
circumstances to be determined himself. But if other person, no.
by the Secretary of Labor and Can the employer deduct the salary of the employee?
In times of force majeure, it may be paid to another General rule, NO. No employer on his own behalf or
Employment in appropriate person. REQ: the one that should be claiming the in behalf of any person shall make any deduction
regulations, in which case, the wage must have an SPA from the wages of his employees.
worker may be paid through If the employer is dead: if any of the heirs is a minor,
EXPN: If pinayagan ng employee. It must have a
another person under written consent from the employee.
then the affidavit will be executed on his behalf by Insurance premium:YES.
authority given by the worker for his natural guardian. Meaning to say, the surviving
the purpose; or spouse or the next of them. What if of legal age?
Affidavit is still need but the content now of the Union Dues: Art.
113. Wage
affidavit must be to attest the relationship with the deduction. No employer, in his own
behalf or in behalf of any person, shall PRINCIPLE. Art. 116. Withholding of For example: pay slip, lahi imong
make any deduction from the wages of wages and kickbacks prohibited. It nadawat sa record sa pay slip. Or sa
his employees, except: shall be unlawful for any person, directly acknowledgment receipts. Sumbong sa
or indirectly, to withhold any amount NLRC.
a. In cases where the worker is from the wages of a worker or induce
insured with his consent by the Last topic:
him to give up any part of his wages by
employer, and the deduction is to force, stealth, intimidation, threat or by BATAS NG KASAMBAHAY (RA 10361)
recompense the employer for the any other means whatsoever without -Definition of Kasambahay: yaya, cook, gardener,
amount paid by him as premium the worker’s consent. katulong, manglalaba regular na gumagawa ng mga
on the insurance; gawaing bahay sa isang pamamahay
Consent is the key. Consent must not be given -Not: service providers, family drivers, on-call
because of persuasion. -Hiring:
b. For union dues, in cases where -Direct Hiring: You are the employer
the right of the worker or his Any deduction as a consideration of a promise of -you pay the wage/salary
union to check-off has been employment or retention in employment is not -Private employment agencies (PEA): the
agency is the employer
recognized by the employer or allowed.
-Difference: employer-employee
What if nag file ng labor complaint ang isang
authorized in writing by the empleyado? Can an employer deduct the salary relationship
individual worker concerned; and because nag file ng complaint ang emplaydo or -who pays for their wages
nagtestify siya sa union? NO. it shall be unlawful for -Benefits: monthly salary
-8 hours of rest
c. In cases where the employer is the ER to refuse to pay or reduce the wages and
-lingguhang pahinga
benefits discharged in any manner to discriminate
authorized by law or regulations against any EE who filed the case, testified or about -5 araw na sick leave na may bayad
issued by the Secretary of Labor to testify a case proceeding. Art. 118.
(convertible to cash if unused)
and Employment. -13th month pay
Pwede magdeduct ang employer. It is allowed sa
Retaliatory measures. It shall be -SSS, PhilHealth, and PAG-IBIG benefits
union dues. unlawful for an employer to refuse to -(all are minimum benefits) (can still have
TAX, SSS, PhilHealth (authorized by law for pay or reduce the wages and benefits, company practice)
-SSS, PhilHealth, and PAG-IBIG coverage
regulations issued by DOLE) discharge or in any manner discriminate -after 1 month from employment
against any employee who has filed any -payment of contribution
Bankruptcy is an excuse. Hindi pwede I force ang
employee. complaint or instituted any proceeding -If payment is less than 5k,
under this Title or has testified or is employer will pay
-if monthly wage is 5k or more,
Pwede ba mag deduct si employer sa sweldo ni about to testify in such proceedings.
employee kasi nakabasag siya or nakasira siya nga kasambahay will pay for his/her share in the
gamit? YES. Especially if the workplace does not premium contributions
Principle: false reporting. It
shall be unlawful -Other rights and privileges
observe service charge. REQ: there must be
investigation first and then out of that investigation for any person to make any statement, -standard of treatment you must treat
there must be a report na ikaw talaga ang may sala. report, or record filed or kept pursuant him/her as a person
The employee has been heard and his responsibility to the provisions of this Code knowing -board, lodging, and med attendance (dapat
has been clearly shown. may sariling kwarto ang katulong) (pwede
such statement, report or record to be siya mag share sa iyahang alaga pero dili
false in any material respect. pwede sa iyahang amo) (You cannot deduct
his/her lodging from the school)
 -right to privacy code. Part time lang siya kasambahay. Kay mas
-access to communication facilities beneficial ang labor code.
(communication must be accessible to
him/her)
-access to education and training
-right to be provided a copy of the
employment contract (must be in writing)
-right to certificate of employment (even if 1
month lang siya nagwork)
-freedom from employer’s interference in
wage disposal (unless the initiative of the
kasambahay; EX. magbili ng grocery)
-right to form or join or assist labor
organization (pwede siya muapil ug
pageants)
-right to exterminate employment
-right to exercise own beliefs and cultural
practices

Difference between yaya and katabang: YAYA-

focus ang bata; KATABANG-focus ang household
chores; ang cook sa kusina
What is given as their job description should be their
only job. Otherwise, if you give them work outside
such job description, it will demand another payment.

Required ang pagpaskwela sa katabang (dapat i-offer

sa employer; it is now up to the employe to say yes or
no) (pwede ang employer magchoose ng school)
(may mga highschool na Sunday school) (pwede
TESDA) (up to senior high)
if employee nimo siya: ikaw mag pa skwela sa iyaha
if employe siya sa industry: iyahang mama
Minor: YES, minimum age is 15, no child labor.
Below 15 is not allowed
In standard workplace: NO, 18 ang minimum age

What if labandera siya sa buntag tapos pagka gabie

muadto siya sa office kay secretary nimo siya. Ano
ang treatment: kasambahay or office employee? The
Supreme court said Office employee. Kasi kung
kasambahay lang yan siya, di siya pwede I mix. Kay
kasambahay lang man na siya.
Balay sa employer naa sa taas, ang negosyo sa
employer naa sa ubos. Will the kasambahay law
apply to the employee? The answer is no. It is labor
SUCCESSION: -parents of the descendent =devisee or legatee: the descedent is actually giving a
3. Concurring specific or determinate object which is either a real
Art. 774: Succession is a mode of acquisition(through Whoever is present, either primary or secondary heir, property or personal property
conyract: sales, donation, occupation) by virtue of he also received because he concurs with either the
which the property, rights and obligations(not all primary or secondary -sum up all the assets, then divide (for testamentary)
obligations can be transmitted) to the extent of the -surviving spouse -legatee and devisee does not exist in intestate
value of the inheritance, of a person are transmitted -illegitimate children succession, because there is no last will, no specifics
through his death(happens when somebody dies) to are given. they only exist when there is a will.
another or others either by his will or by operation of The other parts of the estate: -can voluntary heirs exist even without a will? YES.
law. (the estate of the descedent is like a pie. You divide it Sometimes the voluntary heir is also the compulsory
REQ: into two: the legitimes (1/2){received by compulsory heir
1. Someone dies heir}, and free portion (1/2){testamentary heir, -can compulsory heir also become the legatee or
2. Acceptance on the part of the heirs devisee, legatee} {can be disposed by the descedent devisee at the same time? YES because compulsory
3. Rights, property, obligations are transmissible to whoever he wants to give}) heir is hindi siya kagustuhan ng decedent niyan. Ang
4. Existence and capacitated receiver +Testamentary heir: voluntary heir; kusang binigay ni batas ang nag set. You cannot question the decedent
descedent yung free portion niya;
Inheritance: the properties, rights, obligations that are -“I hereby give my ¼ share of dividends in ONB to intestate heir: all of the time, the compulsory heirs
not extinguished by his death A” (definite or specific object? NO, because we do also in intestate succession
not know how much is the ¼ dividend therefore it is intestacy rule: first determine the estate, then divide,
Property: all that has been left sill a spiritual share) (is A voluntary heir, devisee or give the legitimes to the compulsory heir, then divide
legatee?)= a voluntary heir (doesn’t matter whether the free portion to the compulsory heirs (equal na
Rights: right to file a case real or personal property) hatian)
{is a share in a company real property or personal -on illegitimate heirs? Compulsory heirs
Obligations: not all can be transmitted; loan property?}
obligation cannot be transmitted -“I hereby give all my properties in Calinan to C” (is D. adopted child:
C an heir, devisee, or legatee?)= Do we need to Is he considered an heirs? YES, yes because he is
Lahat ba ng nakakatanggap ng real property sa will determin the exact as to real property in Calinan? NO considered already as legitimate child
ay tinatawag na devisee? MORE, no longer spiritual but it is definite= Devisee
+Devisee= definite property Oral will or nuncupative will is not allowed in the
Are all heirs connected to the descedent? NO. -“I hereby give my hose and lot to letter X in Philippines.
Compulsory heir. Art. 915. A compulsory heir may, Calinan” (precise disposition) Deathbed, pwede mo ipasulat
in consequence of disinheritance, be deprived of -a person who receives a real property from the free
his legitime, for causes expressly stated by law. portion of the decedent’s estate Kinds of succession:
+Legatee Testamentary: there is a last will and testament
What part of the estate of the descedent should be -a person who receives a personal property in the free Art. 779. Testamentary succession is that which
given to a compulsory heir? It’s what you call portion of the decedent. results from the designation of an heir, made in a
legitime. It’s the oart of the estate or inheritance that -not all recipient of real property are called legatee, will executed in the form prescribed by law.
is mandatory to be given to a compulsory heir. because
-must be a specific thing Intestate: not having made a legally valid will prior to
3 classification of compulsory heir: death
1. Primary How do we know that the person is a devisee,
Must be given the importance. legatee, or voluntary heir? Art. 960. Legal or intestate succession takes place:
-legitimate children =heir: you are giving a spiritual share of the free (1) If a person dies without a will, or with a void
2. Secondary portion will, or one which has subsequently lost its
Heirs which in the absence of the primary inherit the validity;
legitime
(2) When the will does not institute an heir to, or -the lawyer will be the last one to sign in the (not all states allow their citizens to make a will that’s
dispose of all the property belonging to the acknowledgement why it is not a matter of right, pwede siya kunin ng
testator. In such case, legal succession shall take -margin and the last portion state anytime kasi hindi mo siya karapatan) to dispose
place only with respect to the property of which (6) each and every page must have an identification Advantages of holographic will:
the testator has not disposed; as to what page comes first and what follows after Easier to make, to revise, to keep secret
(3) If the suspensive condition attached to the -does not matter whether or not it is in Disadvantages: dali lang siya maforge, dali lang siya
institution of heir does not happen or is not alphabetical order, Roman Numerals, or libaon, I question why? Because of the understanding
fulfilled, or if the heir dies before the testator, or numeric codes of the testator may not be the understanding of the
repudiates the inheritance, there being no court.
substitution, and no right of accretion takes place; b) Holographic: No guarantee that there is no fraud
(4) When the heir instituted is incapable of -entirely handwritten, dated, and signed by a testator Hindi natin alam if mentally normal ba siya at that
succeeding, except in cases provided in this Code. -no need of attestation time kasi siya lang nakabalo na nagbuhat siya will
-thumb mark is not allowed Usually, nakikita lang if naglilinis ng bahay
-Art. 810: may be made in or out of the Philippines If walang will: na distribute, kailangan ibalik, mag
TESTAMENTARY SUCCESSION -REQ: order ang court (nullify everything) (ruling of the
1. Will: (1) Entirely handwritten court: we have to give priority to the lineage)
-oral will is not allowed in the Philippines -no third party REQUISITES OF A HOLOGRAPHIC WILL:
-must be in writing (2) Dated Entirely hand written;
-a will is a personal document (3) Signed by the testator himself Difference: Notarial: pwede computerized
-may be notarized in one copy only -ADVGS: easier to make, revise, and can be kept a (holographic: entirely handwritten)(dili pwede partly
secret handwritten or partly printed)
a) Notarial: -DSAVD: easy to forge, easy to question If the testator has no hand: pwede baba
-notarized will Holographic: dili pwede ihatag sa third person.
-prepared by a lawyer c) Joint wills: Dili pwede halo, entirely hand written
-not handwritten by the testator -not allowed in the Philippines No need of attestation (only for notarial will)(how
-REQ: -One body, One testator many pages, who are the witnesses, executed under
(1) in writing -as to the form the presence of testator and lawyer)
(2) executed in a language or dialect known to the 2nd: it must be dated (notarial does not have to be
testator -Dispositio captatoria: as to the content dated) expressly said in Art 810 (note necessarily
-void is not in the language known to the -not the same with joint wills complete)
testator 3rd: it must be signed by the testator (pwede sign,
-can be written in English s long as the d) Mutual Wills: customary signature, bawal thumbmark)
testator knows how to read and understand -freely given, no condition allowed
the English language -valid, but cannot be used for condition JOINT WILLS:
(3) signed by the testator himself or herself at the end Not allowed in the Philippines
-if something is written below the signature, Holographic will: ikaw lang yung participant ng will, 818: Two or more persons cannot make a will jointly,
it is void walay kailangan samukon or in the same instrument, either for their reciprocal
-customary signature is allowed 810: A person may execute a holographic will which benefit or for the benefit of a third person.
(4) at least 3 credible witnesses must be entirely written, dated and signed by the Isang doc: upper, asawa with sign, lower portion,
(5) each and every page must be signed by the hand of the testator himself. It is subject to no other wife, with sign: is this a joint will? The court ruled
testator and the witnesses in the margins form, and may be made in or out of the Philippines, that na hindi kasi pwede mo man siya punitin sa gitna
-the SC ruled that the sign can be on any and need not be witnessed. Joint will is when there is only one body, one
sides of the margins disposition but more than 1 testator
-for security purposes Take note: may be made in or out of the Philippines Bawal I dispose ang interconjugal property. Pwede
-on signing, the testator and the witnesses What is a will? An act whereby a person is permitted nimo I dispose ang imuha lang na portion.
must sign the will together (not a right; you are given the opportunity to execute) Specific property: yes
 (2) When a child or descendant has accused the Art. 921. The following shall be sufficient causes for
Mutual wills? General rule: They are valid pero di mo testator of a crime for which the law prescribes disinheriting a spouse:
siya pwede gamiting condition na “I will give to A imprisonment for six years or more, if the accusation (1) When the spouse has been convicted of an attempt
this portion for as long as he will also give me” (this has been found groundless; against the life of the testator, his or her descendants,
is what you call disposition captaturia= not allowed) (3) When a child or descendant has been convicted of or ascendants;
The presumption of the disposition that it must be adultery or concubinage with the spouse of the (2) When the spouse has accused the testator of a
freely given, no condition allowed. If there is a testator; crime for which the law prescribes imprisonment of
condition, not allowed. (4) When a child or descendant by fraud, violence, six years or more, and the accusation has been found
intimidation, or undue influence causes the testator to to be false;
make a will or to change one already made; (3) When the spouse by fraud, violence, intimidation,
Disposition captatoria the same with joint will? No. (5) A refusal without justifiable cause to support the or undue influence cause the testator to make a will
JW is as to the form; DC is as to the content. parent or ascendant who disinherits such child or or to change one already made;
descendant; (4) When the spouse has given cause for legal
Legitime: (6) Maltreatment of the testator by word or deed, by separation;
886: Legitime is that part of the testator's property the child or descendant; (5) When the spouse has given grounds for the loss of
which he cannot dispose of because the law has (7) When a child or descendant leads a dishonorable parental authority;
reserved it for certain heirs who are, therefore, called or disgraceful life; (6) Unjustifiable refusal to support the children or the
compulsory heirs. (8) Conviction of a crime which carries with it the other spouse.
Cannot be disposed of penalty of civil interdiction. (756, 853, 674a) COMMON ground:
Art. 920. The following shall be sufficient causes for -found guilty of an attempt against the life of the
DISINHERITANCE: the disinheritance of parents or ascendants, whether testator, his or her spouse, descendants, or
Closely related to legitimes because there is No legitimate or illegitimate: ascendants. (napatunayan talaga sa korte na may
disinheritance in free form. It is only for compulsory (1) When the parents have abandoned their children attempted murder or attempted parricide or attempted
heirs (sila lang ang pwede I disinherit) or induced their daughters to live a corrupt or homicide or attempted infanticide na nahitabo)
The only way you can deprive a cumpolsory heir of immoral life, or attempted against their virtue; (conviction by final judgment)
his legitime is to disinherit him. (2) When the parent or ascendant has been convicted (what if walay intention na patyon) you cannot be
915: A compulsory heir may, in consequence of of an attempt against the life of the testator, his or her disinherited due to katangahan. The guilt here must
disinheritance, be deprived of his legitime, for causes spouse, descendants, or ascendants; be intentional.
expressly stated by law. (3) When the parent or ascendant has accused the -groundless or false accusations
testator of a crime for which the law prescribes -fraud by intimidation
The testament may only contain disinheritance imprisonment for six years or more, if the accusation
because disinheritance is also a disposition. has been found to be false; only three grounds are common to all compulsory
The difference between the common concept of (4) When the parent or ascendant has been convicted heirs. The rest, may pagkakaiba or dalawa lang yung
disposition from disinheritance? Disinheritance is a of adultery or concubinage with the spouse of the cumpolsory heris and hindi present sa isa
negative disposition. testator;
Who can be disinherited: (5) When the parent or ascendant by fraud, violence, other grounds of disinheritance
The children, the parents, the spouse intimidation, or undue influence causes the testator to -Children and desecdants, art. 919
make a will or to change one already made; 1. Maltreatment of the testator by word ofo by deed
GROUNDS: (6) The loss of parental authority for causes specified by the child or descendant
1st: in this Code; what if the parents were the one who maltreated the
Art. 919. The following shall be sufficient causes for (7) The refusal to support the children or descendants child? Can you disinherit your mother? No, because
the disinheritance of children and descendants, without justifiable cause; its part of the custom of the Philippine tradition na
legitimate as well as illegitimate: (8) An attempt by one of the parents against the life pwede disiplinahin ng kanyang parents ang kanyang
(1) When a child or descendant has been found guilty of the other, unless there has been a reconciliation anak.
of an attempt against the life of the testator, his or her between them. (756, 854, 674a) Gross disrespect and raising of the hands to the
spouse, descendants, or ascendants; grandfather which was caused by a child who later on
became and insane, this will not be sufficienyt cause -the loss of parental authority for causes specified in
for disinheritance because hindi niya alam ang this code (in case hindi na siya naging ina or ama
ginagawa niya. Take note of may intention yung bata sayo, you can disinherit them) (take note: the loss of
at the time na gicommit niya yung maltreatment final authority should be due to the fault of the
2. refusal without justifiable cause to support your parent)
parents or ascendants who disinherits such child or -convicted by final judgment of adultery or concubine
descendant (you can waive your inheritance but you with the spouse of the child, can only do so if the two
cannot disinherit yourself but not at the time before are convicted by final judgment
your parent’s death kay wala pa nag open ang -when the parents have abandoned their children or
succession, waiver can only happen after) (only death induced their daughters to live a corrupt or immoral
can open succession) life, or attempted against their virtue (does this apply
if in case you refuse to help, it may be a ground later to a son? YES, because accdg to SC you can apply it
on for disinheritance. But not all refusal, without by analogy)
justifiable cause only. Justifiable is case to case basis
+ conviction of any crime which carries with it the SPOUSE
penalty of civil interdiction, it is a ground for -you can disinherit your wife or husband? YES? Yes
disinheritance because in the first place they are compulsory heirs.
+conviction by final judgment of adultery of Grounds:
concubinage with a spouse of the testator, can be a 1st: when the spouse has given cause for legal
ground for disinheritance (conviction by final separation
judgment) 2nd: when the spouse has given grounds for the loss
EXAMPLE: of parental authority
Giuyab ni A iyang mama, papa said file ko 3rd: unjustifiable refusal to support the children or
concubinage, naconvict, once final conviction, the the spouse
father may also disinherit A. (only the injured 4th: if he or she has abandoned your children, or
parent/party may disinherit) induced the children to live a corrupt or immoral life,
+when a child or descendant lead a dishonorable or or attempts against your virtue
disgraceful life.
Example: tomboy: NO, especially this time na well-
accepted na siya. You cannot disinherit your child Pwede ba mag disinherit lang sa testament? (YES.
just bc he/she is homosexual Because disinheritance is also a disposition. But this
time you are not giving, but your are depriving your
DISINHERITANCE TO THE PARENTS AND heri. That is what you call negative disposition.)
DESCENDANTS (nullified if not valied sa grounds. What happens now
-ang bata ang testator is that by operation of law ang succession)
-an attempt by one of the parents against the life of
the other unless there has been reconciliation between
them (take note: this ground does not need to be
convicted to disinherit your parents under this
ground) (what if, na disinherit na, tapos nagkauliay si
mother father, will the disinheritance be still given
the same effect? No More, unless there has been a
reconciliation between them.)
-refusal without justifiable cause to support the
children or the descendants (only when there is no
justifiable cause that this ground shall take effect)