Cabana, Adrian C.

Doctrine : Preterition

Case Title : REMEDIOS NUGUID vs FELIX NUGUID and PAZ

SALONGA
Nuigd
G.R. No. L-23445, , June 23, 1966

FACTS:

Rosario Nuguid died single and without descendants, legitimate or illegitimate.

Surviving her were her legitimate parents, Felix and Paz, and 6 brothers and sisters,
namely: Alfredo, Federico, Remedios, Conrado, Lourdes and Alberto. Remedios filed in
the Court of First Instance a holographic will allegedly executed by Rosario, 11 years
before her demise for it to be admitted to probate and for the letters of administration
to be issued to her. Felix and Paz, however, filed an opposition. They claimed that by
the institution of Remedios as the universal heir of Rosario, they, as the compulsory
heirs in the direct ascending line, were illegally preterited. As such, the institution is
void. Remedios, on the other hand, believed that there is effective disinheritance
instead of preterition in this case. The court ruled in favor of the parents.

ISSUE:

Whether the institution of Remedios preterited the compulsory heirs?

Ruling:

Yes, Under Article 854 of the Civil Code, in part, provides: The preterition or
omission of one, some, or all of the compulsory heirs in the direct line, whether living
at the time of the execution of the will or born after the death of the testator, shall
annul the institution of heir; but the devises and legacies shall be valid insofar as they
are not inofficious.

Preterition consists in the omission in the testator's will of the forced heirs or
anyone of them, either because they are not mentioned therein, or, though mentioned,
are neither instituted as heirs nor are expressly disinherited. In the case at bar,
Rosario left no descendants but left forced heirs in the direct ascending line, her
parents. It must be noted that the subject will completely omits both the mother and
the father, thus, they were deprived of their legitime.

This is a clear case of preterition which rendered the will a complete nullity
considering that no specific legacies or bequests were provided for in the will, Rosario
died intestate. This is not a case of effective disinheritance as claimed by Remedios.