Short answer. Yes. Article 1032 of the Civil Code expressly lists conviction of adultery or concubinage with the spouse of the testator as a ground for unworthiness to succeed. A final conviction is required, but once it exists, you can raise it in the estate proceedings to have that heir excluded.
What the law says
Any person convicted of adultery or concubinage with the spouse of the testator
Civil Code, Article 1032 — Unworthiness to Succeed. Read the full provision →
The conviction is the key element
Article 1032 of the Civil Code states plainly that a person convicted of adultery or concubinage with the spouse of the testator is incapable of succeeding by reason of unworthiness. Unlike some other grounds in Article 1032 that do not require a criminal conviction, this one does. The heir must have been actually convicted — a mere charge, an acquittal, or a dismissed case is not sufficient. Once the conviction exists, however, it becomes a solid basis for seeking the heir's exclusion from the estate.
Who is the 'spouse of the testator' — and why it matters
The provision refers to the spouse of the testator — the deceased person whose estate is being settled. This ground protects the integrity of the testator's marriage. An heir who violated that marriage by committing adultery or concubinage with the testator's spouse has betrayed the testator's most intimate relationship. The law treats this as a disqualifying act. Note that this is distinct from other marital misconduct: the ground requires both a conviction and a specific relationship — with the testator's spouse, not just any person.
Adultery and concubinage are different crimes
Adultery and concubinage are separate offenses under Philippine law and are prosecuted differently. Adultery is committed by a married woman and her partner; concubinage is committed by a married man and is defined more narrowly. The distinction matters because the elements, the parties who may file the complaint, and the penalties differ. For unworthiness purposes under Article 1032, a conviction under either crime — if it involved the testator's spouse — qualifies. What the heir was convicted of will determine which crime applies.
Raising unworthiness in the estate proceedings
A conviction does not automatically remove the heir from the estate — you must raise the unworthiness ground before the court handling the settlement. Present the certified copy of the conviction and the records showing it is final. Other heirs and interested parties will have an opportunity to respond. If the court declares unworthiness, the convicted heir loses their share entirely. Given the procedural steps involved and the potential for contested proceedings, working with a lawyer experienced in estate matters and criminal records will help you move this forward efficiently.
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 →