Text of the provision
Art. 823. If a person attests the execution of a will, to whom or to whose spouse, or parent, or child, a devise or legacy is given by such will, such devise or legacy shall, so far only as concerns such person, or spouse, or parent, or child of such person, or any one claiming under such person or spouse, or parent, or child, be void, unless there are three other competent witnesses to such will. However, such person so attesting shall be admitted as a witness as if such devise or legacy had not been made or given.
(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
If a devise or legacy is given to an attesting witness, or to his spouse, parent or child, that gift is void — unless there are three other competent witnesses. The witness remains competent to prove the will.
Questions about this provision
Related provisions
- Article 822 — Later Incompetency Does Not Matter.
- Article 824 — Creditors as Witnesses.
Cases interpreting this article
- Authorities on this article will be added here as each is verified against primary sources.