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(Balane) +art +854 PDF
(Balane) +art +854 PDF
Issue (relevant to preterition): WON the defense of ratification and/or G.R. Nos. 140371-72 November 27, 2006
preterition raised for the first time on appeal may be entertained
Azcuna, J.:
Held: No preterition in this case
Facts:
Ratio: o September 21, 1988
The Respondent Seangios filed a petition for the settlement of
- The heirs of Alfonso were of the position that the absence of the
the intestate estate of the late Segundo Seangio
Heirs of Policronio in the partition or the lack of authority of their They also prayed for the appointment of Elisa Seangio-
representative results, at the very least, in the preterition and not Santos as special administrator and guardian ad litem of
the invalidity of the entire deed of partition. They argue that Dy Yieng.
remanding the case to determine proper inheritance is no longer Petitioner Seangios opposed the petition. They contend that:
necessary since the issue is purely legal. Conrado then, according to Dy Yieng is still very healthy and in full command of her
them, should just fully account for what he received and deliver to faculties
The deceased Segundo executed a GPA in favor of Virginia
his co-heirs their respective shares in the inheritance.
giving her the power to manage and exercise control over
- This cannot be given credence AT ALL his business in the Philippines
- Their posited theory on preterition is no longer viable. Why? Virginia is the most competent to serve as administrator
BECAUSE THERE WAS NO WILL IN THIS CASE of the estate because she is a CPA
- Preterition has been defined as the total omission of a compulsory Segundo left a holographic will disinheriting one of the
heir from the disinheritance. It consists in the silence of the testator respondent Seangios
Given the holographic will, the intestate proceedings are
with regard to a compulsory heir, omitting him in the testatment,
to be automatically suspended and replaced by the
either by not mentioning him at all, or by not giving him anything in
proceedings for the probate of the will
the hereditary property buy without expressly disinheriting him, o April 7, 1999
even if he is mentioned in the will in the latter case Petitioner Seangios file a petition for the probate of the
- Thus, PRETERITION IS A CONCEPT OF TESTAMENTARY SUCCESSION. holographic will
In the absence of a will, there can be no preterition. They said that probate proceedings should take
precedence over the intestate proceedings (the one by
respondents above) because testate proceedings take
precedence and enjoy priority over intestate proceedings
o July 1, 1999
Respondent Seangios moved for the dismissal of the probate o WON Judge erred in saying that preterition exists and that the will is
proceedings void
On the ground that the document purported to be the YES
holographic will does not contain and disposition of the o WON Judge erred in not suspending the proceedings in the intestate
estate of the deceased --- thus does not meet the case despite the settled rule that testate proceedings take precedence
definition of a will under Art. 783 of the CC over intestate proceedings
It only shows disinheritance, nothing else YES
No compulsory heir was named nor instituted as heir, o WON there was a valid disinheritance
devisee or legatee YES
HENCE, there is preterition which would lead to
intestacy Held/Ratio:
o Petitioner filed their opposition o Can the document executed by Segundo be considered a holographic
Generally, the authority of the probate court is limited only to a will?
determination of the extrinsic validity of the will Under art. 810 of the CC, a holographic will must be
The ground raised by the respondent Seangios question the Entirely written
intrinsic and not the extrinsic validity of the will Dated and signed by the hand of the testator himself
Disinheritance constitutes a disposition of the estate of a Segundo's document, though may it come as a mere
decedent disinheritance instrument, conforms to the formalities
The rule on preterition does not apply because Segundo's will precribed by law - written, dated and signed by Segundo
does not constitute a universal heir or heirs to the exclusion of himself
one or more compulsory heirs While it does not make an affirmative disposition of Segundo's
o August 10, 1999 property, the disinheritance of Alfredo, nonetheless is an act
RTC dismissed the petition for probate proceedings of disposition itself
A perusal of the "will" clearly shows that there is preterition The disinheritance of Alfredo results in the disposition in
The only heirs mentioned are Alfredo and Virginia favor of those who would succeed in the absence of
The other heirs being omitted, Art. 854 applies Alfredo
However, insofar as the widow Dy Yieng is concerned, 854 A WILL DOES NOT HAVE TO MAKE AN EXPLICIT DISPOSITION
does not apply because she is not a compulsory heir in OF PROPERTY TO BE VALID
the direct line The intent or will of the testator, so long as it is expressed in the
The lower court cited the case of Acain v. IAC which stated that form and within the limits prescribed by law, must be
tolerating a will when on its face, is intrinsically void, is an recognized as the supreme law in succession
exercise of futility. Holographic wills, being usually done by those not learned in
o Thus, this petition the law, should be construed more liberally than the ones
drawn by experts
Issues: o With regard to the issue on preterition
o WON Respondent Judge erred in ruling on the intrinsic validity of the The Court believes that the compulsory heirs in the direct line
will despite the settled rule that the authority of probate courts is were not preterited
limited only to a determination of its extrinsic validity (i.e. Due Segundo did not institute an heir to the exclusion of his
execution, testator's testamentary capacity, compliance with the compulsory heirs
requisites/solemnities prescribed by law)YES
The mere mention of the name of one of the petitioners,
Virginia, did not operate to institute her as a universal
heir - included plainly as a witness
o Considering that the document is Segundo's will and that the law
favors testacy over intestacy, the probate of the will cannot be
dispensed with - thus, the testate proceedings for the settlement of
the estate takes precedence over intestate proceedings for the same
purpose.
o On the issue of preterition
The court believes that the compulsory heirs were not
pereterited in the will
In this case, the court believes that what is involved is
Segundos last expression to bequeath his estate to all
his compulsory heirs, with the exception of Alfredo
Segundo did not institute an heir to the exclusion of
his other compulsory heirs the mere mention of the
name of one of the petitioners, Virginia, in the
document did not operate to institute her as the
universal heir (she was merely designated as a witness
to the altercation between Segundo and Alfredo)