Disinheritance of Children Who Ran Away from Home

Someone asked me, "I have a friend who... 

has 4 children. Six years ago, his wife passed away due to breast cancer. A year ago, his 3 children ran away from home because my friend, who is their father, would physically and verbally abuse them. Currently, only the second son, aged 23, is living with the father. The other 3 children ages 26, 21, and 18 are now living on their own with some support from their grandparents. In his will, the father withheld his inheritance from the 3 children that left him and only granted inheritance to the second son who still lives with him. Is he allowed to do this?
 
/CW

My answer is because the children ran away due to the physical and verbal abuse of the father, there is no valid ground for disinheritance. Art. 919 of the Civil Code provides that the permitted grounds for disinheritance of children are:

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 a 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. (756, 853, 674a)

Since none of the grounds fall under Article 919 of the Civil Code, the father cannot disinherit his three children.

In this case, none of the grounds will apply. So even if there is a will to disinherit, the disinheritance will not stand in court. The other 3 children shall be re instituted as compulsory heirs.