Practice question
A will relies solely on a child’s groundless accusation of a crime for which the law prescribes two years’ imprisonment. The proponent invokes Article 919(2), with no other cause established. What is the defect?
- Every accusation satisfies the paragraph
- The statute has no penalty threshold
- The child’s occupation controls
- The paragraph requires a crime punishable by six years or more; the stated two-year offense does not satisfy it
- No accusation can ever be a cause
Legal references
- Civil Code, Articles 876-885,889-901,919-921,934-940 and970-977: https://lawphil.net/statutes/repacts/ra1949/ra_386_1949.html
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