Below is a comprehensive discussion on the legal concept of disinheriting a child under Philippine law. It covers the statutory basis, the nature of forced heirship, grounds for disinheritance, procedural requirements, effects and remedies, as well as relevant jurisprudential insights.

1. Overview of Inheritance Law in the Philippines

In Philippine law, inheritance is primarily governed by the Civil Code of the Philippines (Republic Act No. 386). Under this Code, certain heirs are considered “forced heirs,” meaning they are entitled to a portion of the estate (the legitime) that cannot be taken away except under very strict conditions laid down by law. Children (whether legitimate, illegitimate, or legally adopted) are included among the forced heirs, along with surviving spouses, and in some instances, ascendants (e.g., parents, grandparents).

Forced Heirs and the Legitime

Forced heirs: These heirs have the right to a legitime, a portion of the decedent’s estate reserved by law.
Legitime: This is the share of the inheritance that must go to forced heirs. The law determines the exact share of each category of forced heir; for instance, if the deceased is survived by children alone, they collectively receive one-half of the estate as their legitime.

Because of forced heirship, disinheriting a child is not as simple as omitting him or her from a will. Philippine law closely regulates and restricts the act of disinheriting, allowing it only under specific, legally recognized grounds.

2. Definition and Nature of Disinheritance

Disinheritance is a testamentary disposition made by a testator (the person who executes a will), depriving a forced heir of his or her legitime for a lawful cause. A disinheritance:

Must be express and made in a valid will;
Must state the legal ground for disinheriting the forced heir;
The ground stated must be true at the time of the will’s execution (and must still exist at the time of death, or must not have been pardoned); and
If the ground is found to be untrue or insufficient, the disinheritance will be considered void.

Where to Find the Law

The rules on disinheritance are found primarily in Articles 915–922 of the New Civil Code of the Philippines.

3. Grounds for Disinheriting a Child

Under Articles 919 and 920 of the Civil Code, the law specifies specific grounds under which a parent may disinherit a child. No other grounds outside those enumerated by the Code are valid.

The grounds for disinheriting a child include the following (Article 919):

When the child has been found guilty of an attempt against the life of the testator, his or her spouse, descendants, or ascendants.
- This includes cases such as attempted parricide or murder where the victim is within the immediate family line.
When the child has accused the testator of a crime punishable by imprisonment of six years or more, if the accusation has been found groundless.
- The accusation must be proven false and groundless, causing grave harm to the testator’s reputation.
When the child has been convicted of adultery or concubinage with the spouse of the testator.
- A conviction is required; mere suspicion is not sufficient.
When the child, by fraud, violence, intimidation, or undue influence, causes the testator to make a will or to change one already made.
- This protects the free testamentary disposition of the testator.
When the child has refused without justifiable cause to support the parent or ascendant who disinherits him or her.
- This refers to situations where the law imposes a duty to support (Article 195, Family Code, and related provisions).
When the child has maltreated the parent or ascendant by a culpable act or omission.
- “Maltreatment” may include physical or severe emotional/psychological abuse.
When the child leads a dishonorable or disgraceful life.
- The standard for “dishonorable or disgraceful life” may consider societal and moral norms, though Philippine jurisprudence often requires a serious or grossly immoral lifestyle that brings shame to the family.
Conviction of a crime which carries with it the penalty of civil interdiction.
- Civil interdiction deprives certain civil rights, including parental authority and marital authority. It typically accompanies serious criminal convictions.

These grounds are exclusive; any disinheritance not founded upon at least one of these enumerated causes is invalid with respect to a forced heir.

4. Requirements for a Valid Disinheritance

Beyond citing one of the lawful grounds, several technical requirements under Philippine law must be observed for the disinheritance to be valid and binding:

Stated in a Will:
- Disinheritance must be expressly made in the will (Article 916). It cannot be implied; a parent cannot simply omit the child from the will and expect that to be a valid disinheritance.
Legitimate Cause Stated:
- The testator must explicitly state the cause for disinheritance in the will (Article 918). The reason must be one of those enumerated in the law (Article 919).
Truth of the Cause:
- The cause or ground for disinheritance must exist in fact and be true (Article 918). If the ground is proven untrue or insufficient, the disinheritance will be void.
Sufficient Proof if Contested:
- If contested in court, the burden is on those seeking to uphold the disinheritance to prove that the alleged ground is valid, existed at the time of execution, and remained unpardoned up to the testator’s death.
Effect of Subsequent Reconciliation/Pardon:
- A testator’s forgiveness or express pardon of the child’s offense can nullify a previously valid ground. Pardon can be either express (stated in a public or private document or codicil) or implied from acts clearly inconsistent with maintaining the disinheritance.

5. Effects of Valid Disinheritance

If the disinheritance meets all legal requirements and is proven valid:

Loss of Right to the Legitime:
- The disinherited child loses his or her forced share. That portion is generally redistributed among the other forced heirs unless the will specifies some other lawful disposition.
Invalidation of Disinheritance:
- If found invalid due to an untrue cause, or because the ground was not one allowed by law, then the disinherited child regains the right to his or her legitime.
Impact on Other Provisions in the Will:
- If the disinheritance clause fails, the rest of the will remains valid unless it is clear the testator would not have wanted the will to stand without that disinheritance.

6. Invalid Disinheritance and Its Consequences

A common pitfall in estate planning arises when a testator omits a forced heir or includes a vague or unsubstantiated ground for disinheritance. Should the disinheritance clause be deemed invalid:

The Child Gets the Legitime:
- The forced heir’s legitime is automatically restored, overriding any contrary dispositions of the testator.
Potential Nullification of Other Dispositions:
- If the invalid clause is integral to the entire testamentary plan, it may complicate the distribution of the estate. In some situations, the entire will could be affected.
Litigation:
- The child may file a case in court to claim the legitime. This often entails estate settlement proceedings where the validity of the will and its disinheritance clause is judicially scrutinized.

7. Jurisprudential Highlights

Illustrative Court Decisions

Attempts on Life and Evidence: The Supreme Court has consistently ruled that an attempt on the life of the parent, if proven, can justify disinheritance. Proof must be direct or strongly circumstantial, not mere suspicion.
Groundless Accusation: Where a child files a criminal complaint against the parent but the complaint is subsequently dismissed for lack of probable cause, courts have carefully evaluated whether the filing was done maliciously and groundlessly.
Reconciliation: In various cases, courts have recognized that if, after the ground for disinheritance occurs, the testator continues to treat the child affectionately, reinstates him in the home, or provides for the child again, such acts may amount to implied pardon.

Overall, the Supreme Court places heavy emphasis on strict compliance with the formalities of the Civil Code’s disinheritance rules, reflecting the public policy of protecting forced heirs from being unjustly deprived of their legitimes.

8. Practical Considerations for Parents and Practitioners

Seek Professional Legal Advice
- Because forced heirs enjoy strong protection under Philippine law, any attempt to disinherit them demands close guidance from a lawyer to avoid invalidation.
Document the Grounds
- Keeping records—such as court documents, police reports, or formal statements—can help substantiate a potential ground for disinheritance.
Use Clear and Precise Wording
- In drafting a will, ensure the ground for disinheritance is recited in exact detail, referencing the relevant article of law and the specific facts that support it.
Review for Possible Reconciliation
- Before finalizing a will, determine if there has been any implied pardon or reconciliation that would undermine the stated ground for disinheritance.
Consider Alternative Estate Planning Tools
- Even if not disinherited, some testators choose to minimize a forced heir’s inheritance by giving non-forced heirs certain portions of the free portion of the estate, or making lifetime donations under legally permissible conditions.

9. Conclusion

Disinheriting a child under Philippine law is a serious and carefully regulated matter. Because children are forced heirs, a parent who wishes to disinherit them must have a legally recognized cause, clearly and truthfully stated in a valid will. Any failure to comply with the strict formalities—be it the grounds themselves or the procedural requirements—renders the disinheritance void, restoring the child’s entitlement to the legitime.

In practice, successful disinheritances are relatively rare, precisely because the law errs on the side of protecting forced heirs. However, with solid proof of a qualifying ground (e.g., serious misconduct, threats to the testator’s life, malicious accusations, or abandonment), the courts will uphold a properly executed disinheritance. Ultimately, anyone contemplating disinheritance is strongly advised to consult an experienced Philippine lawyer to ensure all statutory requirements are met and thoroughly documented.

References

Civil Code of the Philippines (Republic Act No. 386), Book III, Title III, on “Succession.”
Articles 886–893, 915–922 of the New Civil Code (on legitimes and disinheritance).
Relevant jurisprudence of the Supreme Court of the Philippines interpreting and applying these provisions.

This discussion reflects the general legal framework on the disinheritance of children in the Philippines. Given the complexity of succession law and the strict requirements for disinheritance, it is crucial to obtain professional legal counsel for personalized advice or if any dispute arises.