Short answer. Yes. Article 919 of the Civil Code expressly lists conviction of adultery or concubinage with the testator's spouse as a ground to disinherit a child or descendant. A criminal conviction for the specific offense is required — the statute does not allow disinheritance on suspicion or mere allegation alone.
What the law says
When a child or descendant has been convicted of adultery or concubinage with the spouse of the testator
Civil Code, Article 919 — Grounds to Disinherit Children and Descendants. Read the full provision →
The ground the statute provides
Article 919 lists eight grounds on which a parent may disinherit a child or descendant, whether legitimate or illegitimate. Ground number three is: "When a child or descendant has been convicted of adultery or concubinage with the spouse of the testator." The key word is convicted. The law does not treat suspicion, public knowledge, or a dismissed complaint as sufficient. There must be a final criminal conviction for adultery or concubinage — the two offenses that Philippine law defines specifically in relation to marital infidelity — and the conviction must name the testator's spouse as the other party.
What the will itself must contain
Even with a valid ground, disinheritance only holds if it is carried out correctly. Article 916 requires that disinheritance be done through a will, and that the legal cause be specified in that will. A vague statement that the child is disinherited is not enough. The will must identify the ground — in this case, the adultery or concubinage conviction — clearly enough that anyone reading it can see the statutory basis. A will that simply cuts the child out of the inheritance without stating a reason does not produce a valid disinheritance under Philippine law.
This is one of eight grounds — the others are separate
Article 919 also covers attempts against the testator's life, filing a groundless criminal charge that carries six years or more imprisonment, forcing the testator to make or change a will, refusing to provide support without justifiable cause, maltreatment by word or deed, leading a disgraceful life, and conviction of a crime carrying civil interdiction. Each ground is independent. If your child's conduct falls under more than one — say, the adultery conviction and a pattern of maltreatment — the will can cite multiple grounds, though one valid ground is legally sufficient.
What happens to the child's legitime
A validly disinherited child loses the legitime — the compulsory share of the estate that the law normally protects even against a parent's wishes. That share can then pass to the disinherited child's own descendants, unless the descendants were also party to the cause of disinheritance. If the disinheritance is later challenged and found invalid — say, because no conviction existed or the will was defective — the child recovers the legitime. This is why the documentary record of the conviction and the wording of the will both matter.
Cases citing this provision
These Supreme Court decisions cite the provision above. We list them so you can read them yourself; the summaries of what each decided are not ours to give.
- Rosario Mata Castro and Joanne Benedicta Charissima M. Castro, a.k.a. "Maria Scorro M. Castro" and "Jayrose M. Castro" vs. Jose Maria Jed Lemuel Gregorio and Ana Maria Regina Gregorio, G.R. No. 188801, October 15, 2014 — read the decision on LawPhil →
- Isabelita S. Lahom vs. Jose Melvin Sibulo, G.R. No. 143989, July 14, 2003 — read the decision on LawPhil →