Short answer. Yes. Article 919 of the Civil Code lists maltreatment of the testator by word or deed by the child or descendant as one of the eight grounds for disinheritance. Physical abuse and verbal contempt both fall within this ground — deed covers the physical harm, word covers the contemptuous speech.
What the law says
Maltreatment of the testator by word or deed, by the child or descendant
Civil Code, Article 919 — Grounds to Disinherit Children and Descendants. Read the full provision →
What the statute covers
Article 919, item 6 provides: "Maltreatment of the testator by word or deed, by the child or descendant." The phrasing is deliberately broad. "By deed" includes physical violence — hitting, pushing, or any act of force directed at the parent. "By word" includes verbal abuse, public humiliation, and contemptuous statements. Your situation involves both: physical abuse falls under deed, and speaking of you with contempt falls under word. No criminal conviction is required for this ground, unlike some of the other items in Article 919.
The maltreatment must be directed at the testator
The statute specifies that the maltreatment must be of the testator — the parent making the will. Misconduct directed at other family members may support other grounds, such as an attempt against the life of the testator's spouse or descendants, but those are separate items. If the abuse and contempt were aimed at you personally, the statutory language fits squarely. The more clearly the conduct was directed at you, the more defensible the disinheritance becomes if it is challenged.
How to carry out the disinheritance
The disinheritance must be done in a valid will that names the cause. Under Article 916, a will that excludes a child without identifying the legal ground does not accomplish a legal disinheritance. Your will should describe the maltreatment with enough specificity to connect it to the statutory ground — identifying it as physical abuse or verbal contempt directed at you, and linking it to the language of Article 919. Vague statements like "I disinherit my child for bad behavior" are easier to attack on probate than a will that names the conduct clearly.
Practical considerations
Document what has happened. Medical records of injuries, messages containing contemptuous language, and witness accounts all strengthen the record. If the disinheritance is contested after your death, the executor or surviving heirs will need to establish that the maltreatment occurred. A well-documented record is not about punishing your child further — it is about ensuring your testamentary intention is honored. Without documentation, a child's heirs may be able to argue the ground was invented or exaggerated, and a court may restore the legitime.
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 →