Below is a general discussion of inheritance disqualification for adultery in the Philippine legal context. Please note that while this overview attempts to be comprehensive, it is not legal advice. For specific concerns or personalized guidance, it is always best to consult a licensed attorney in the Philippines.

1. Overview of Inheritance and Disinheritance in Philippine Law

In Philippine law, inheritance is primarily governed by the Civil Code of the Philippines (Republic Act No. 386). The Family Code (Executive Order No. 209) also contains provisions that affect property relations between spouses. Depending on whether a person dies testate (with a will) or intestate (without a will), different legal rules apply. However, there is a common thread: some heirs are considered compulsory (e.g., legitimate children, surviving spouse, legitimate parents) and are generally entitled to a certain share of the decedent’s estate called the legitime.

Yet, in certain circumstances, the law allows or mandates that an heir lose the right to inherit. These disqualifications or grounds for disinheritance must meet strict legal requirements. One such ground is the commission of adultery or concubinage by the spouse who seeks to inherit.

2. Distinguishing “Disqualification” vs. “Disinheritance”

Disqualification by Operation of Law
Disqualification occurs automatically when certain acts or circumstances—enumerated in law—are present. For example, a person who is convicted of killing the testator is disqualified by operation of law from inheriting.
Disinheritance through a Will
Disinheritance requires a specific statement in the testator’s will that an heir is being excluded, and there must be a lawful or just cause explicitly provided by law (Articles 919–921 of the Civil Code). If the disinheritance does not comply with all legal requirements or if the cause is not among those recognized by law (or is not proven), the disinheritance may be rendered void.

In cases of adultery or concubinage, the Civil Code (particularly Articles 919 and 921) recognizes that commission of either offense by a spouse against the other may be used by the offended spouse as a valid ground to disinherit the offending spouse, but only if the offended spouse clearly and unequivocally states so in a will and complies with all legal formalities.

3. Adultery and Concubinage Under Philippine Criminal Law

In Philippine criminal law:

Adultery is committed by a married woman who has sexual intercourse with a man who is not her husband, and by the man who has carnal knowledge of her, knowing her to be married.
Concubinage is committed by a married man who keeps a mistress in the conjugal dwelling, or has sexual intercourse under scandalous circumstances with a woman not his wife, or cohabits with her in any other place.

A final conviction for adultery or concubinage (or proof thereof in a civil proceeding, such as legal separation) can be a factor in disinheritance. However, a criminal conviction is not necessarily required for a spouse to disinherit the adulterous partner, so long as the act and circumstances constituting adultery or concubinage are established in accordance with the rules of evidence in civil cases.

4. Relevant Provisions of the Civil Code

Article 919
Lists the just causes for disinheriting a spouse. Among these causes are offenses that give “just cause” for legal separation under Article 55 of the Family Code (formerly under the Civil Code). Notably, adultery or concubinage by the offending spouse is one such ground.
Article 920
Sets forth the just causes for disinheriting descendants. (This may be relevant if the child of an adulterous relationship attempts to inherit, though the rules differ based on legitimate, illegitimate, and spurious filiation. Adultery itself does not automatically disqualify an illegitimate child from inheritance, but it may affect how the child’s status was established and recognized.)
Article 921
Sets forth the just causes for disinheriting ascendants. (Less relevant to adultery, but important for completeness.)
Article 922
Requires that the disinheritance must be total and for a cause specified by law, and that such cause must be stated explicitly in the will. If the cause is not stated, or if the statement is not proven, the disinheritance could be voided.
Article 923
Provides that once a disinheritance is declared void, the person who was disinherited will inherit as if there had been no disinheritance. This underscores the importance of ensuring strict compliance with the formalities and proof of the cause.

5. Legal Separation and Its Effect on Inheritance

Adultery or concubinage is also a ground for legal separation under Article 55 of the Family Code. If the innocent spouse obtains a final decree of legal separation against the offending spouse, the property regime of the marriage is typically dissolved, and certain inheritance consequences may follow:

If the court finds the spouse guilty of adultery or concubinage, it could affect the guilty spouse’s share in the net profits of the conjugal partnership or absolute community of property.
The offending spouse loses the right to inherit from the innocent spouse by intestate succession under Article 63(4) of the Family Code when there is a final decree of legal separation.
- This means if the innocent spouse dies without leaving a will, the offending spouse—who was declared at fault and for whom a decree of legal separation was issued—cannot inherit from the innocent spouse.
However, if the innocent spouse wishes to ensure the offending spouse does not inherit at all (even from the legitime), the innocent spouse should execute a will that expressly disinherits the offending spouse based on the commission of adultery or concubinage.

In practice, legal separation judgments that attribute fault also support future or pending disinheritance claims.

6. Requirements for Disinheriting a Spouse Due to Adultery

To validly disinherit a spouse because of adultery, all of the following must be present:

Express mention of cause in the will – The will should clearly state that the cause for disinheritance is the spouse’s adultery (or concubinage).
Existence of legal cause recognized by law – The Civil Code explicitly acknowledges adultery or concubinage as a just cause, so this requirement is met so long as the spouse can prove it.
Proof of cause – The burden lies on the person alleging the adultery to present sufficient evidence. A court decision finding the spouse guilty of adultery or concubinage is often conclusive, but other clear and convincing evidence in a probate proceeding could suffice.
Proper formalities in executing the will – Philippine law is strict about the formalities required in making a will. If the will is invalid, disinheritance fails.
No subsequent reconciliation – If there is subsequent reconciliation after the adultery and before the testator’s death, it may affect the validity of disinheritance based on adultery, as forgiveness can be argued to nullify the cause.

7. Practical Considerations

Proving Adultery
- Criminal conviction is typically difficult due to the strict requirements for proving adultery beyond reasonable doubt, but civil cases require only a preponderance of evidence.
- Correspondence, photos, witness testimony, or any objective proof showing a sexual relationship between the spouse and another person can be presented in a civil proceeding (e.g., probate of will, nullity of marriage, or legal separation proceedings).
Timing and Finality
- A final decree of legal separation on the ground of adultery can strengthen or confirm the cause of disinheritance.
- If a legal separation case is still pending at the time of the testator’s death, the probate court would look at the evidence presented or any partial rulings indicating spousal fault.
Effect on Illegitimate Children
- Children born of adulterous relationships (illegitimate children) are still entitled to inherit from their biological parent, though their share is generally half of the share of legitimate children under Philippine law.
- Disinheritance for adultery affects the spouse, not necessarily any child. The child’s share could depend on whether filiation was established and recognized according to law.
Adoption of Alternative Estate Planning Tools
- Aside from disinheritance, an offended spouse might use prenuptial agreements, postnuptial settlements, or other estate planning methods to limit the offending spouse’s share. However, these tools cannot defeat the minimum inheritance (legitime) unless a valid disinheritance is properly effected or the law imposes a disqualification.

8. Key Takeaways

Adultery or concubinage is a recognized ground for disinheriting a spouse under the Civil Code of the Philippines, provided it is clearly pleaded and proven.
Legal separation on grounds of adultery also leads to loss of inheritance rights in intestate succession by operation of law (i.e., the adulterous spouse does not inherit if the other spouse dies without a will).
To ensure the offending spouse does not receive the legitime, the offended spouse must expressly and validly disinherit the offending spouse in a will, citing adultery or concubinage as the cause.
Strict compliance with legal procedures—in both proving adultery and in drafting the will—is crucial to prevent the disinheritance from being invalidated.
These rules do not automatically disqualify children of an adulterous relationship from inheriting from their biological parent, though their shares would be governed by rules on illegitimate or spurious filiation.

Important Reminders

Philippine law strictly protects the rights of compulsory heirs, so any disinheritance action must be fully aligned with legal requirements.
The cause for disinheritance must be stated, proven, and not forgiven by the time of the testator’s death.
This discussion focuses on general rules for disqualification and disinheritance due to adultery. Individual circumstances may vary, and the best course of action depends on many details (e.g., existence of a valid will, final judgment in legal separation or criminal case, property regime of the marriage, etc.).
Always consult a lawyer to assess specific facts and ensure compliance with the Civil Code, the Family Code, and all relevant jurisprudence.

Disclaimer: This information is intended as a general overview and does not constitute legal counsel. For any specific legal issues or disputes regarding inheritance disqualification for adultery, the guidance of a qualified Philippine attorney is strongly advised.