Case Summary (G.R. No. L-23445)
Petitioner
Remedios Nuguid, who seeks probate of her sister’s holographic will and issuance of letters of administration with the will annexed
Respondents
Felix Nuguid and Paz Salonga Nuguid, oppositors, asserting preterition of their compulsory heirship
Key Dates
Will executed: November 17, 1951
Testatrix’s death: December 30, 1962
Probate petition filed: May 18, 1963
Opposition filed: June 25, 1963
Trial court order dismissing petition: November 8, 1963
Supreme Court decision: June 23, 1966
Applicable Law
Civil Code of the Philippines (Articles 854, 888–889, 915–918) prevailing prior to the 1987 Constitution
Facts of the Case
Upon Rosario Nuguid’s death, her sole testamentary document—a holographic will—named only her sister Remedios as universal heir, omitting her parents, who are compulsory heirs in the direct ascending line. No specific devises or legacies were provided.
Procedural Posture
Remedios filed for probate of the will. Her parents opposed, invoking absolute preterition under Article 854. The trial court held the will to be “a complete nullity” and dismissed the petition. Remedios appealed to the Supreme Court.
Legal Issue
Whether the complete omission of compulsory heirs in the direct ascending line annuls the institution of heir, rendering the will wholly void under Article 854 of the Civil Code.
Interpretation of Preterition under Article 854
Article 854 provides that omission of any compulsory heir in the direct line “shall annul the institution of heir,” though non-inofficious legacies remain valid. Under established Spanish and Philippine jurisprudence, “preterition” occurs when a forced heir is either not mentioned or mentioned without being instituted or expressly disinherited.
Distinction between Preterition and Disinheritance
• Preterition is a tacit, involuntary omission depriving a compulsory heir of his legitime.
• Disinheritance is an express act, supported by a legally authorized cause, depriving a compulsory heir of his share.
Because the will names no cause and omits the parents entirely, it constitutes preterition, not ineffective disinheritance.
Effect of Preterition on the Will
Preterition unde
...continue readingCase Syllabus (G.R. No. L-23445)
Facts of the Case
- Rosario Nuguid, single and without descendants, died December 30, 1962, in Quezon City.
- Survived by her parents, Felix Nuguid and Paz Salonga Nuguid, and six siblings: Alfredo, Federico, Remedios, Conrado, Lourdes, and Alberto.
- On May 18, 1963, petitioner Remedios Nuguid filed a petition in the CFI of Rizal to probate a holographic will dated November 17, 1951, naming herself universal heir.
- Oppositors (the deceased’s parents) contested, asserting preterition of compulsory heirs in the direct ascending line.
Procedural History
- June 25, 1963: Oppositors filed formal opposition to probate on multiple grounds, including absolute preterition.
- August 29, 1963: Oppositors moved to dismiss the petition for absolute preterition before any hearing.
- September 6, 1963: Petitioner opposed the motion to dismiss.
- November 8, 1963: The trial court ruled the will a complete nullity and dismissed the petition without costs.
- Petitioner’s motion for reconsideration was denied, prompting this appeal to the Supreme Court.
Legal Issue
- Does the complete omission of compulsory heirs in the direct ascending line (preterition) render the institution of heir—and thus the entire will—void under Article 854 of the Civil Code?
Applicable Statute and Definitions
- Article 854, Civil Code: “The preterition or omission of one, some, or all of the compulsory