Case Digest (G.R. No. 161172) Core Legal Reasoning Model
Core Legal Reasoning Model
Facts:
In Administration of the Estate of Agripino Neri y Chavez (G.R. No. 47799, May 21, 1943), the deceased testator, Agripino Neri y Chavez, executed a will by which he left his entire estate by universal title to the children of his second marriage—Ignacia Akutin and her issue—while omitting all six children of his first marriage: Eleuterio, Agripino, Agapita, Rosario, Celerina and the predeceased Getulia (whose seven minor children survived). The petitioners, the children of the first marriage, challenged the validity of the will on the ground of preterition, and both the Court of First Instance and the Court of Appeals found that none of the children of the first marriage had in fact received their legitime share of the father’s property. They therefore declared the will’s institution of heirs null and void and opened a total intestacy. The respondents (Ignacia Akutin and her children) moved for reconsideration, contending (1) that the first‐marriage children had really received Case Digest (G.R. No. 161172) Expanded Legal Reasoning Model
Expanded Legal Reasoning Model
Facts:
- Parties
- Testator: Agripino Neri y Chaves, a landowner who died in 1939 at age 86.
- Petitioners: Eleuterio Neri et al., children by the testator’s first marriage.
- Respondents: Ignacia Akutin and her children, children by the second marriage; Ignacia was appointed special administratrix to institute an independent action regarding an alleged donation.
- Testamentary disposition and lower‐court findings
- Will: All testator’s property left “by universal title” to children of second marriage; children of first marriage omitted. Clauses 7–8 declared first‐marriage children had already received their shares and condoned debts they owed.
- Trial Court findings:
- Eleuterio may have received parcel No. 4 by donation (in dispute); Agripino and Agapita occupied public lands not in the estate; Getulia (d. pre-testator) and her heirs received nothing; Rosario and Celerina’s shares unclear.
- Cash advances: Nemesio (P1,000), Agripino (P500), Getulia (P155), Celerina (P120).
- Court of Appeals findings:
- Entire estate remained intact in the administrator’s possession; no portion advanced to the first‐marriage children.
- A 182.6373-ha parcel was assessed in the names of “Agapita Neri de Chaves y Hermanos” (children of both marriages), disproving any prior advancement to first‐marriage children.
- Result: Both courts annulled the institution of heirs; declared total intestacy.
- Motion for reconsideration
- Respondents’ contentions:
- No preterition—first‐marriage children had in fact received their shares or advances.
- Even if preterition occurred, Article 814 would only reduce the bequest, not annul the institution of heirs.
Issues:
- Whether the will preterited the testator’s children by his first marriage under Article 814, Civil Code?
- If preterition occurred, does it annul the institution of heirs in toto (opening total intestacy), or merely reduce the testamentary disposition to protect the legitime of omitted forced heirs?
Ruling:
- (Subscriber-Only)
Ratio:
- (Subscriber-Only)
Doctrine:
- (Subscriber-Only)