Está en la página 1de 1

SUCCESSION LAW (PRETIRITION)

Facts: Rosario died without descendants, legitimate or illegitimate. Surviving her were her legitimate parents Felix
and Paz, and 6 brothers and sisters.
Remedios, one of the sister filed in court a holographic will allegedly executed by Rosario instituting the former as the
sole, universal heir of all her properties. She prayed that said will be admitted to probate and that letter of
administration be issued to her.
Felix and Paz opposed to the probate of the will on the ground that by the institution of Remedios as universal heir of
the deceased, oppositors who are compulsory heirs in the direct ascending line were illegally preterited and that in
consequence, the institution is void.
Article 854 provides that preterition 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.
Petitioners contention is that the present is a case of ineffective disinheritance rather than one of preterition drawing
the conclusion that Article 854 does not apply in the case at bar.
Issue: WON the institution of one of the sister of the deceased as the sole, universal heir preterited the compulsory
heirs.
Held: Yes. Where the deceased left no descendants, legitimate or illegitimate, but she left forced heirs in the direct
ascending line her parents, and her holographic will does not explicitly disinherit them but simply omits their names
altogether, the case is one of preterition of the parents, not a case of ineffective disinheritance.
Preterition consists in the omission in the testators will of the forced heirs or anyone of them, either because they are
not mentioned therein, or, through mentioned, they are neither instituted as heirs nor are expressly disinherited.
Disinheritance, in turn, is a testamentary disposition depriving any compulsory heir of his share in the legitime for a
cause authorized by law.
Where the one sentence will institutes the petitioner as the sole, universal heir and preterits the parents of the
testatrix, and it contains no specific legacies or bequests, such universal institution of petitioner, by itself, is void. And
intestate succession ensues.