Case Digest (G.R. No. L-23445)
Facts:
In the case of Remedios Nuguid v. Felix Nuguid and Paz Salonga Nuguid, decided June 23, 1966 (123 Phil. 1305, G.R. No. L-23445), the testatrix Rosario Nuguid of Quezon City died on December 30, 1962, unmarried and without descendants. She was survived by her legitimate parents, Felix and Paz Salonga Nuguid, and six siblings, including petitioner Remedios Nuguid. On May 18, 1963, Remedios filed in the Court of First Instance of Rizal a petition for the probate of a holographic will dated November 17, 1951, seeking letters of administration with the will annexed. On June 25, 1963, Rosario’s parents opposed the probate, arguing that the will omitted them, who are forced heirs in the direct ascending line, rendering the institution of Remedios as universal heir void under the doctrine of preterition. Before any hearing, on August 29, 1963, they moved to dismiss for absolute preterition, to which petitioner responded on September 6, 1963. By order of November 8, 1963, the trial courtCase Digest (G.R. No. L-23445)
Facts:
- Death and heirs
- Rosario Nuguid, a resident of Quezon City, died on December 30, 1962, single and without descendants.
- Survived by her legitimate parents, Felix and Paz Nuguid, and six siblings, including petitioner Remedios Nuguid.
- Probate proceedings in CFI Rizal
- On May 18, 1963, Remedios filed in the Court of First Instance (CFI) a petition to probate a holographic will dated November 17, 1951, and for issuance of letters of administration with the will annexed.
- On June 25, 1963, oppositors Felix and Paz Nuguid (the deceased’s parents) filed opposition, alleging absolute preterition of compulsory heirs under Article 854, Civil Code.
- On August 29, 1963, oppositors moved to dismiss the petition for absolute preterition; on September 6, petitioner opposed that motion.
- By order of November 8, 1963, the CFI ruled the will a “complete nullity,” dismissed the petition, and declared intestacy; a motion for reconsideration was denied.
- Appeal to the Supreme Court
- Petitioner Remedios Nuguid appealed the CFI’s November 8, 1963 order to the Supreme Court.
- The main issue raised on appeal was whether the will is intrinsically void for preterition of compulsory heirs.
Issues:
- Whether the holographic will is a nullity under Article 854 of the Civil Code due to preterition of the direct compulsory heirs.
- Whether the case involves preterition (tacit omission) rather than an ineffective disinheritance (express deprivation), and therefore falls under Article 854.
Ruling:
- (Subscriber-Only)
Ratio:
- (Subscriber-Only)
Doctrine:
- (Subscriber-Only)