Case Digest - Civil Law


GRN L-2344 17 SCRA 449

JUNE 23, 1966



Rosario Nuguid , single, died in December 30, 1962.She was without descendants but was survived by her parents and siblings. On May 18, 1963, Remedios Nuguid, her sister filed in CFI a holographic will allegedly executed by Rosario on November 17, 1951 or 11 years ago, said will instituted Remedios as the universal heir thereby, compulsory heirs, the ascendants of the decedent, filed their opposition to the probate proceeding. They contend that they were illegally preterited and as a consequence, the institution is void. The court’s order held that “the will in question is a complete nullity.


Whether or not the compulsory heirs were preterited , thereby rendering the holographic will void.

Whether the court may rule on the intrinsic validity of the will.


The statute we are called upon to apply in article 854 of the civil code which states:

“The preterition or omission of one, some or all of the compulsory heirs in the direct time, 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; but the d and legacies shall be valid insofar as they are not inofficious

The forced heirs, parents of the deceased, were received nothing by the testament. The one-sentence will institutes petitioner as the universal heir. No specific legacies or bequest are therein provided for. It is in this posture that we say that the nullity is complete.

Preterition consists in the omission in the testator’s will of the forced heirs or anyone of them, either because they are not mentioned therein or, though mentioned, they are neither instituted as heirs nor are expressly disinherited as heirs nor are expressly disinherited. Disinheritance is a testamentary disposition depriving any compulsory heir his/her share in the legitime for a cause authorized by law.

On the second issue, the case is for the probate of the will and the court’s area of inquiry is limited to the extrinsic validity of the will comes after the will has been duly authenticated. However if the case is to be remanded for probate of the will, nothing will be gained. The practical conditions: time, effort, expenses and added anxiety, induced us to a belief that we might as well meat head-on the issue of the validity of the provisions of the will in question.

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