NUGUID VS NUGUID
GRN L-2344 17 SCRA 449
JUNE 23, 1966
SANCHEZ, J.:
FACTS:
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.
ISSUE:
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.
RULING:
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.
DE PAPA ET AL VS CAMACHO
GRN L-28032
SEPTEMBER 24, 1986
NARVASA, J.:
FACTS:
Plaintiffs and respondents of this case are legitimate relatives, plaintiffs being aunt and uncles of the respondent. Camacho inherited her property from her mother
ISSUE:
Whether or not uncles and aunts, together with niece who survived the reservista would be considered reservatorios.
RULING:
The court ruled that the uncles and aunts shall not share in the reserveable property, since, under the law of intestate succession a descendant’s uncles and aunts may not succeed ab intestate so long as nephews and nieces of the decedent survive and are willing and qualified to inherit. The rule on proximity applies. (The relatives in the direct ascending shall exclude relatives in the collateral line.)
MANG-OY VS CA
G.R. 144 SCRA 35
SEPTEMBER 12, 1986
CRUZ, J.:
FACTS:
Old Tumpao begot 3 children (respondents) with his first wife. Upon her death, he took himself a second wife but without issues. However she had adopted 2 children according to the practice of Igorots. On September 4, 1937, Old Tumpao executed what he called “last will and testament which were read to and thumb mark affixed by all of the beneficiaries who at the time were already occupying the portions respectively allotted to them. After the death of Old Tumpao, the parties remained to be in possession of the lots assign to them which was in accordance of the wishes of old Tumpao which was also agreed upon by the parties in a public document.
On November 4, 1960, respondents executed an extra-judicial partition in which they divided the property of Old Tumpao among the three of them only. Petitioners sued for reconveyance , sustained by trial court but reversed by CA.
ISSUE:
Whether or not the “ will and testament” of Old Tumpao be duly allowed even without being proved in the court
RULING:
In accordance with the rules of court, no will shall pass either real or personal property unless it is proved or allowed in court.
However the document maybe sustained by art 1056 of the Old Civil Code which was the law in force at the time the document was made. The law says: “If the testator should make a partition of his properties by an act inter vivors, or by will such partition shall stand in so far as it does not prejudice the legitime of the forced heirs.”
I, I was a game he would play
He brought the clouds to my day
Then like a ray of light you came my way one night
Just one look and I knew
You would make everything clear
Make all the coulds disappear
Put all your fear to rest,
Who do I love the best?
Don't you know, don't you know?
You've got it all over him
You got me over him
Honey it' true, there's just you
You must have been heaven sent,
Hearing me call you when out on a limb
And you're all that he's not,
Just look what I got
'Cause you got it all over him
No, don't let him worry you so
Once I met you I let go
Oh, you can surely see you're so much more to me
Just one look and I knew
You would make everything clear
Make all the clouds disppear
You're better than all the rest
Who do I love the best?
Don't you know, don't you know?
You've got it all over him
You got me over him
Honey it' true, there's just you
You must have been heaven sent,
Hearing me call you when out on a limb
And you're all that he's not,
Just look what I got
'Cause you got it all (you've got it all) all over him (you've got it all over him, you got me over him)
Honey it's true, there's just you
You must have been heaven sent,
Hearing me calling you out on a limb





