Short answer. Yes, but only if two conditions are both met: the charge must have been for a crime carrying an imprisonment of six years or more, and the accusation must have been found groundless. If both are true, Article 919 of the Civil Code lists this as a sufficient ground to disinherit a child or descendant.
What the law says
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
Civil Code, Article 919 — Grounds to Disinherit Children and Descendants. Read the full provision →
The two-part test
Article 919, item 2 states the ground as: "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." Both elements must be present. First, the crime charged must carry a penalty of at least six years' imprisonment under the law — not the sentence actually imposed, but what the law prescribes for that offense. Second, the accusation must have been found groundless — meaning it was not just dismissed on procedural grounds, but found to have no basis in fact or law.
Why the penalty threshold matters
The six-year threshold filters out minor complaints. Filing a charge for a petty offense, even if it is groundless, does not give rise to disinheritance under this provision. The law's logic is that accusing a parent of a serious crime — one carrying substantial imprisonment — is a profound act of betrayal. Filing a complaint for a minor infraction, even maliciously, is on a different level. Check the penalty range of the crime your child accused you of before concluding this ground applies.
What "found groundless" requires
The accusation must have been found groundless — ideally through a formal dismissal or resolution by the prosecution or a court that examined the merits. A complaint dismissed solely because it was filed in the wrong venue, or withdrawn by the complainant before any finding was made, may not satisfy this requirement. The stronger your evidence that the charge was examined and rejected on its merits, the more defensible the disinheritance becomes if it is later challenged.
How to carry out the disinheritance
Even if the ground clearly exists, the disinheritance must be done through a valid will that specifies the cause. A general exclusion of the child from the inheritance, without identifying the statutory ground, does not accomplish a legal disinheritance. Your will should identify the charge, the offense involved, and the finding that it was groundless. Specificity makes the disinheritance harder to unravel if the child's own heirs later try to claim the legitime. If the disinheritance is successfully challenged, the child recovers that compulsory share.
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 →