- Statute
- Philippine Civil Code
- Article
- Art. 790
- Topic
- Testamentary Succession
- Status
- In force
- Book
- BOOK III DIFFERENT MODES OF ACQUIRING OWNERSHIP Preliminary Provision
- Title
- TITLE IV SUCCESSION
- Chapter
- CHAPTER 2 Testamentary Succession
- Formerly
- Art. 675a of the old Civil Code
- Year
- 1949
- Cited by
- A Supreme Court decision
The provision
The words of a will are to be taken in their ordinary and grammatical sense, unless a clear intention to use them in another sense can be gathered, and that other can be ascertained. Technical words in a will are to be taken in their technical sense, unless the context clearly indicates a contrary intention, or unless it satisfactorily appears that the will was drawn solely by the testator, and that he was unacquainted with such technical sense. (675a)
Intellegal Wiki · In plain terms
The words of a will are read in their ordinary and grammatical sense unless a clear contrary intention appears and the intended sense can be ascertained. Technical words are read technically, but that yields where the context clearly indicates otherwise, or where it appears the testator drew the will alone and did not know the technical meaning. The article is a rule of construction, not of validity: it tells a court how to read language it has already accepted as the testator's, and Article 791 supplies the companion preference for the reading that gives every expression some effect.
An editorially maintained plain-language explanation of this provision — not legal advice.
Cases applying this article
- Emilio Natividad v. Basilia Gabino G.R. No. 11386