Text of the provision
Art. 1028. The prohibitions mentioned in article 739, concerning donations inter vivos shall apply to testamentary provisions.
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Civil Code of the Philippines, Republic Act No. 386, approved June 18, 1949, effective August 30, 1950. Reproduced in full; verified verbatim against the LawPhil and ChanRobles official-text renderings.
What this article means
The prohibitions in Article 739 concerning donations inter vivos apply equally to testamentary provisions — including gifts between persons guilty of adultery or concubinage.
By extending the Article 739 prohibitions to wills, the law closes an obvious loophole: a testator could not otherwise achieve through a legacy what he is forbidden to achieve through a lifetime gift. Without this rule, someone barred from donating property to a particular person while alive could accomplish the same result by naming that person in a will instead, since a testamentary disposition would otherwise operate independently of the rules on donations inter vivos. Article 1028 treats the two modes of transfer alike for this specific purpose, even though they remain distinct legal acts in every other respect.
Questions about this provision
Related provisions
- Article 1027 — Who Cannot Inherit by Will.
- Article 1029 — Dispositions for Prayers and Pious Works.
Cases interpreting this article
- Authorities on this article will be added here as each is verified against primary sources.