Section 1606.- The following are excluded from succession as being unworthy :

                  (1) The person who is convicted by a final judgment of having wrongfully and intentionally caused the death or attempted to cause the death of the de cujus or of a person having a prior right to the succession ;

                  (2) The person who, having prosecuted the de cujus for having committed an offence punishable with death, has himself been convicted by a final judgment for bringing a false charge or for fabricating false evidence ;

                  (3) The person who, having knowledge that the de cujus was murdered, did not give information thereof for the purpose of bringing the offender to punishment ; but this does not apply if he has not completed sixteen years ofage, or if he is of unsound mind so as to be unable to distinguish between right and wrong, or if the murderer is his spouse or any of his direct ascendants or descendants ;

                  (4) The person who, by fraud or duress, has caused the de cujus to make, revoke or change partly or wholly a will concerning the estate or has prevented him from so doing ;

                  (5) The person who has partly or wholly forged, destroyed or concealed a will.

The de cujus may remove the exclusion due to unworthiness by a pardon in writing.

 

Section 1607.- The effects of exclusion from the succession are personal. The descendants of the excluded heir succeed as if such heir were dead, but as regards the property so devolved, the excluded heir has no right of management and enjoyment as specified in Book V Title II Chapter III of this Code. In such case Section 1548 shall apply mutatis mutandis.

 

CHAPTER III

DISINHERITANCE

 

Section 1608.- A de cujus may disinherit any of his statutory heirs only by an express declaration of intention :

                  (1) By will ;

                  (2) By writing deposited with the competent official.

                  The identity of the disinherited heir must be clearly stated.

However, when a person has distributed all his estate by will, all his statutory heirs who are not beneficiaries under the will are deemed to be disinherited.

 

Section 1609.- A declaration of disinheritance may be revoked.

If the disinheritance has been made by will, the revocation may be made only by will ; but if the disinheritance has been made in writing deposited with the competent official, such revocation may be made by either form prescribed in Section 1608 (1) or (2).