NUGUID v.

NUGUID
G.R. No. L-23445 | June 23, 1966

DOCTRINE: 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 an heir; but the devises and legacies shall be valid insofar as they are
not inofficious.

FACTS:

Rosario Nuguid died on December 30, 1962, single, without descendants, legitimate or
illegitimate. Surviving her were her legitimate parents, Felix Nuguid and Paz Salonga Nuguid,
and six (6) brothers and sisters, namely: Alfredo, Federico, Remedios, Conrado, Lourdes and
Alberto, all surnamed Nuguid.

On May 1963, Petitioner Remedios Nuguid filed a holographic will which allegedly
executed by the deceased Rosario, 11 years before her demise. Remedios prayed that the said
will be admitted and be appointed as administrator.

Paz Nuguid and Felix Nuguid, parents of Rosario file their opposition to the probate of
will on the ground, them as the parents of Rosario (who left without descendants), shall be
deemed as her compulsory heirs in the direct ascending line, hence the will shall be deemed void
as it constitute an absolute preterition.

ISSUE: Whether the holographic will of Rosario is void because of preterition.

HELD: YES. The will is void.

The Supreme Court explained that in preteriton 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 an heir; but the devises and legacies
shall be valid insofar as they are not inofficious.

In this case, although the decedent left no descendants, legitimate or illegitimate. But she
left forced heirs in the direct ascending line her parents who were considered as compulsory
heirs in the absence of the latter. And, the will completely omits both of them: They thus
received nothing by the testament; tacitly, they were deprived of their legitime; neither were they
expressly disinherited. This is a clear case of preterition.