Short answer. Possibly yes, but two specific conditions must both be met. Article 1032 of the Civil Code makes an heir unworthy if they accused the testator of a crime punishable by imprisonment of six years or more, and that accusation was found to be groundless.
What the law says
Any person who 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 1032 — Unworthiness to Succeed. Read the full provision →
The two conditions that must both be present
Article 1032 of the Civil Code does not render every false complaint a ground for exclusion. Two conditions must be satisfied. First, the crime the heir accused the deceased of must be one punishable by imprisonment of six years or more. Minor offenses — petty crimes with light penalties — do not qualify. Second, the accusation must have been found to be groundless — meaning the proceeding ended with a determination that there was no basis for the charge. If both conditions are met, the heir is legally incapable of succeeding.
Why the law sets a penalty threshold
The six-year threshold is not arbitrary. It signals that the heir's conduct was serious enough to expose the deceased to significant criminal liability and social stigma. Filing a grave criminal accusation against a parent or family member — accusing them of robbery, qualified theft, drug offenses, or similar crimes — and having that accusation dismissed as baseless reflects a profound betrayal of family loyalty. The law draws the line at serious crimes to avoid barring heirs over minor disputes that escalate into criminal filings.
What 'groundless' means
A complaint is groundless when the authorities or the court determines it lacked factual or legal basis from the outset — not merely that the accused was ultimately acquitted, but that the charge should not have been filed in the first place. A resolution dismissing the complaint for lack of probable cause, or a final judgment of acquittal on the ground of insufficiency of evidence, may support a finding that the accusation was groundless. The precise nature of the dismissal matters for this analysis.
Next steps if you believe the heir is unworthy
Unworthiness must be raised and declared in court — it does not happen automatically. If you intend to exclude this heir, you should raise it as part of the estate settlement proceedings and present documentary evidence of both the criminal complaint and its disposition. Records from the prosecutor's office or the trial court showing that the accusation was dismissed for lack of basis are essential. A lawyer familiar with estate proceedings can advise on how to formally raise this ground and what documentary proof is required.
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.
- Pedro Generosa, et al. vs. Pacita Prangan-Valera, G.R. No. 166521, August 31, 2006 — read the decision on LawPhil →