Text of the provision
Art. 800. The law presumes that every person is of sound mind, in the absence of proof to the contrary. The burden of proof that the testator was not of sound mind at the time of making his dispositions is on the person who opposes the probate of the will; but if the testator, one month, or less, before making his will was publicly known to be insane, the person who maintains the validity of the will must prove that the testator made it during a lucid interval.
(n)
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 law presumes every person is of sound mind in the absence of proof to the contrary. The burden of proof falls on the one alleging insanity — except where the testator was publicly known to be insane a month or less before making the will.
Questions about this provision
Related provisions
- Article 799 — What 'Sound Mind' Means.
- Article 801 — Supervening Incapacity.
Cases citing this article
About these authorities. Every decision below is a criminal prosecution. They cite this article for the presumption of sanity as it bears on criminal responsibility, not for testamentary capacity. The citations are accurate and the article is the one they invoke — but if you are asking whether a will can be attacked because the testator was of unsound mind, these cases are not the authorities you want, and the probate rules and the articles either side of this one are the better starting point.
- People of the Philippines vs. Loreto Dagsil y Caritero, G.R. No. 218945, December 13, 2017 — read the decision on LawPhil →
- People of the Philippines vs. Rogelio Toreno, Jr. y Flores, G.R. No. 250332, November 23, 2021 — read the decision on LawPhil →
- People of the Philippines vs. Lito Paña y Inandan, G.R. No. 214444, November 17, 2020 — read the decision on LawPhil →
- People of the Philippines vs. Renato Bacolot y Idlisan, G.R. No. 233193, October 10, 2018 — read the decision on LawPhil →
- People of the Philippines vs. Edwin Isla y Rossell, G.R. No. 199875, November 21, 2012 — read the decision on LawPhil →
Compiled automatically from Supreme Court decisions published on LawPhil that expressly cite this article, most frequently cited first. A listing means the decision cites the provision — it is not a statement that the case is the leading authority, and it does not show whether a ruling has since been modified or abandoned. Always read the decision itself.