Article 919 of the Civil Code: Grounds to disinherit a child
Status: In force
What does Article 919 say?
The following shall be sufficient causes for the disinheritance of children and descendants, legitimate as well as illegitimate:
(1) When a child or descendant has been found guilty of an attempt against the life of the testator, his or her spouse, descendants, or ascendants;
(2) When a child or descendant has accused the testator of a crime for which the law prescribes imprisonment for six years or more, if the accusation has been found groundless;
(3) When a child or descendant has been convicted of adultery or concubinage with the spouse of the testator;
(4) When a child or descendant by fraud, violence, intimidation, or undue influence causes the testator to make a will or to change one already made;
(5) A refusal without justifiable cause to support the parent or ascendant who disinherits such child or descendant;
(6) Maltreatment of the testator by word or deed, by the child or descendant;
(7) When a child or descendant leads a dishonorable or disgraceful life;
(8) Conviction of a crime which carries with it the penalty of civil interdiction.
What does it mean in plain language?
Article 919 of the Civil Code lists the eight causes that allow a parent to disinherit a child or other descendant, that is, to deprive the child of the legitime the law reserves for him or her. Disinheritance must be made in a will that states the cause. If the child denies the cause, the other heirs must prove it. A later reconciliation cancels the right to disinherit.
How does it work in real life?
Lito and the unpaid support
Lito's father is old and sick and has no income. Lito, who can afford it, refuses to support him without any justifiable cause. His father makes a will disinheriting him and writes this cause in it. This is the cause in Article 919(5). If Lito denies it after his father's death, the other heirs must prove it (Article 917).
Reconciliation
Nena's mother disinherited her in a will for maltreatment. Years later they reconcile and live together again. Under Article 922, the reconciliation renders the disinheritance ineffectual.
A letter is not a will
A father tells relatives and writes in an unsigned letter that his son will get "nothing". Without a valid will stating a legal cause, Article 916 is not met, and the son keeps his legitime.
What does this mean in practice?
- A will that leaves a child out without disinheriting him raises a different issue: see Article 854 on preterition.
- The size of a child's legitime is in Article 888 and legitime shares.
- For the form of handwritten wills, see Article 810 and holographic will requirements.
- See also the comparison preterition vs disinheritance and the case summary Seangio v. Reyes.
- See also can parents disinherit a child? For free or low-cost legal help, see where to find legal help.
What does Article 919 say?
The following shall be sufficient causes for the disinheritance of children and descendants, legitimate as well as illegitimate: (1) When a child or descendant has been found guilty of an attempt against the life of the testator, his or her spouse, descendants, or ascendants; (2) When a child or descendant has accused the testator of a crime for which the law prescribes imprisonment for six years or more, if the accusation has been found groundless; (3) When a child or descendant has been convicted of adultery or concubinage with the spouse of the testator; (4) When a child or descendant by fraud, violence, intimidation, or undue influence causes the testator to make a will or to change one already made; (5) A refusal without justifiable cause to support the parent or ascendant who disinherits such child or descendant; (6) Maltreatment of the testator by word or deed, by the child or descendant; (7) When a child or descendant leads a dishonorable or disgraceful life; (8) Conviction of a crime which carries with it the penalty of civil interdiction.
The testator is the person who makes the will. The list is closed: Article 915 says the legitime may be taken away only "for causes expressly stated by law".
How must a child be disinherited?
The Civil Code sets three conditions around Article 919:
Disinheritance can be effected only through a will wherein the legal cause therefor shall be specified.
The burden of proving the truth of the cause for disinheritance shall rest upon the other heirs of the testator, if the disinherited heir should deny it.
A subsequent reconciliation between the offender and the offended person deprives the latter of the right to disinherit, and renders ineffectual any disinheritance that may have been made.
So a disinheritance needs a will, a cause from the list written in it, proof if the child denies the cause, and no later reconciliation.
What happens if the disinheritance fails?
Disinheritance without a specification of the cause, or for a cause the truth of which, if contradicted, is not proved, or which is not one of those set forth in this Code, shall annul the institution of heirs insofar as it may prejudice the person disinherited; but the devises and legacies and other testamentary dispositions shall be valid to such extent as will not impair the legitime.
The child then receives at least his or her legitime. The rest of the will stands as far as possible.
If the disinheritance is valid, the disinherited child's own children step in. Article 923 says they take his or her place and keep the rights of compulsory heirs to the legitime, but the disinherited parent does not get to administer or enjoy that property.
How has the Supreme Court applied Article 919?
- A handwritten disinheritance. In Seangio v. Reyes (2006), a father wrote and signed a document in Filipino disinheriting his eldest son for disrespect and for using the father's name to borrow money. The Court said the incidents, taken as a whole, could be considered maltreatment under Article 919, and that the document met the formalities of a holographic will. It did not finally rule that the disinheritance was valid: it ordered the will to be heard in probate, because unless the will is probated the disinheritance cannot take effect.
- No will, no disinheritance. In Ching v. Rodriguez (2011), a complaint asked a court to disinherit an heir, but no will or other instrument disposing of the estate was ever mentioned. Citing Article 916, under which disinheritance can be made only through a will, the Court held that the prayer for disinheritance did not turn the case into a special proceeding on the estate: it remained an ordinary civil action.
Which Supreme Court rulings are relevant?
Frequently asked questions
What are the grounds for disinheriting a child in the Philippines?
Article 919 lists eight, including an attempt against the life of the testator, a groundless accusation of a serious crime, refusal without justifiable cause to support the parent, maltreatment of the testator by word or deed, and leading a dishonorable or disgraceful life.
Can a parent disinherit a child without a will?
No. Article 916 says disinheritance can be effected only through a will that specifies the legal cause. In Ching v. Rodriguez (2011), a complaint asked a court to disinherit an heir, but no will was ever mentioned; citing Article 916, the Court held the case remained an ordinary civil action and not a proceeding on the estate.
Who has to prove the reason for disinheritance?
Article 917 says the burden of proving the cause rests on the other heirs of the testator if the disinherited heir denies it.
What happens if the disinheritance is not valid?
Article 918 says the institution of heirs is annulled insofar as it prejudices the person disinherited, so that heir keeps the legitime. The other dispositions in the will stay valid to the extent they do not impair the legitime.
Does disinheritance also cut off the grandchildren?
No. Article 923 says the children and descendants of the disinherited person take his or her place and keep the rights of compulsory heirs to the legitime.
Does Article 919 cover illegitimate children?
Yes. Its opening words say the causes apply to children and descendants, legitimate as well as illegitimate.
General information, not legal advice. For your case, ask a lawyer, the Public Attorney's Office (PAO) or the agency.
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