Text of the provision

Art. 1034. In order to judge the capacity of the heir, devisee or legatee, his qualification at the time of the death of the decedent shall be the criterion. In cases falling under Nos. 2, 3, or 5 of article 1032, it shall be necessary to wait until final judgment is rendered, and in the case falling under No. 4, the expiration of the month allowed for the report. If the institution, devise or legacy should be conditional, the time of the compliance with the condition shall also be considered.

(758a)

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

Capacity is judged by the heir's qualification at the time of the decedent's death. In cases of unworthiness under Article 1032 (2), (3) and (5), it is judged at the time of the final judgment.

The article adds a further refinement for property left subject to a condition: capacity in that case is measured not at death, and not even at the time unworthiness is finally adjudged, but at the moment the condition is actually fulfilled. This layering makes sense once the underlying concern is understood — Article 1032 unworthiness often cannot be confirmed until a court rules on it, so the law defers the capacity determination to that later, more certain point, and a conditional institution adds one further layer of deferral until the condition itself is satisfied.

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Note. The text of the provision above is reproduced in full from the official enactment (Republic Act No. 386), verified against the LawPhil and ChanRobles renderings. The annotation and commentary around it are the work of Vivas & Nobles Law Office and are general legal information, not legal advice. How a provision applies to a particular situation depends on facts that only a lawyer reviewing your case can assess.