MALTREATMENT AS A GROUND FOR DISINHERITING A SON

Dear PAO,

After the death of my wife in 2005, I bought several properties including two apartments. I have three
sons who are all of legal age and married. My problem is my youngest son who is living with me. He
always beats me when he is drunk and in one occasion he threatened me with a loaded gun so that I will
be forced to leave my house.

According to him, he owns the house because he is the youngest and there is nothing I can do. I pitied
myself because after what I have done to raise him, he repays me with maltreatment, insult, disrespect
and physical abuse because of greediness. His actions made me hate him and I would like that he will not
get any of these properties when I die. What will I do?

Mr. Luy

Dear Mr. Luy,

You may disinherit your youngest son because of the maltreatment you suffered from him. This is in
consonance with Article 915 of the New Civil Code of the Philippines which states:

“A compulsory heir may, in consequence of disinheritance, be deprived of his legitime, for causes
expressly stated by law.”

Correlative thereto, Article 916 of the said law also states “disinheritance can be effected only through a
will wherein the legal cause therefor shall be specified.” The sufficient causes for disinheriting a child or
descendant are found under Article 919 of the same law which are as follows:

“(1) When a child or descendant has been found guilty of an attempt against the life of the testator, his
or her spouse, descendants, or ascendants;

(2) 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;

(3) When a child or descendant has been convicted of adultery or concubinage with the spouse of the
testator;

(4) When the child or descendant by fraud, violence, intimidation, or undue influence causes the
testator to make a will or to change one already made;

(5) A refusal without justifiable cause to support the parent or ascendant who disinherits such child or
descendant;

(6) Maltreatment of the testator by word or deed, by the child or descendant;

(7) When a child or descendant leads a dishonorable or disgraceful life;

(8) Conviction of a crime which carries with it the penalty of civil interdiction” (Emphasis supplied).

Your son’s actuations like beating and threatening you with a loaded gun are deemed sufficient grounds
to disinherit him. Please be guided by the case of Seangio, etal. vs. Hon. Reyes, et al.(G.R. Nos. 140371-
72, November 27, 2006), where the Supreme Court through Honorable former Associate Justice Adolfo
S. Azcuna stated:

“For disinheritance to be valid, Article 916 of the Civil Code requires that the same must be effected
through a will wherein the legal cause therefor shall be specified. With regard to the reasons for the
disinheritance that were stated by Segundo in his document, the Court believes that the incidents, taken
as a whole, can be considered a form of maltreatment of Segundo by his son, Alfredo, and that the
matter presents a sufficient cause for the disinheritance of a child or descendant under Article 919 of
the Civil Code:”

Applying the above quoted decision in your situation, the maltreatment you have experienced from
your youngest son is sufficient ground to disinherit him. However, disinheriting your youngest son will
be effected through a will, hence, it is necessary that you execute your will and state maltreatment as
the ground for disinheriting him.