FACTS
Rosario Nuguid, a resident of Quezon City, died on December 30, 1962, single and without descendants, whether legitimate or illegitimate. She was survived by her legitimate parents, Felix Nuguid and Paz Salonga Nuguid, and six brothers and sisters, including petitioner Remedios Nuguid. On May 18, 1963, Remedios filed before the Court of First Instance of Rizal a holographic will allegedly executed by Rosario on November 17, 1951. The will sought to give all of Rosario's property upon her death to Remedios, whom it described as her beloved sister.
Felix and Paz opposed the probate of the will. They were the legitimate parents of Rosario and therefore compulsory heirs in the direct ascending line. They argued that their complete omission from the will constituted preterition, and that under Article 854 of the Civil Code, such preterition would annul the institution of Remedios as universal heir. Before the probate hearing could take place, Felix and Paz moved to dismiss the proceeding on the ground of absolute preterition.
The Court of First Instance of Rizal granted the motion to dismiss. It held that the will was a complete nullity and that the estate would consequently pass by intestate succession. Remedios moved for reconsideration, but the motion was denied. She then appealed to the Supreme Court.
The Supreme Court noted that probate proceedings ordinarily concern the extrinsic validity of a will, such as its due execution, testamentary capacity, and compliance with the formal requirements of law. Ordinarily, the intrinsic validity of the testamentary provisions is considered only after probate. However, the Court decided to determine the intrinsic validity in this case because remanding the case for probate would merely prolong the proceedings, since the same issue concerning the nullity of the will would likely return to the Court.
ISSUE
The first issue was whether the complete omission of Rosario Nuguid's compulsory heirs in the direct ascending line constituted preterition under Article 854 of the Civil Code.
The second issue was whether the preterition of the compulsory heirs annulled the institution of Remedios Nuguid as universal heir and resulted in intestate succession.
The third issue was whether the case involved ineffective disinheritance rather than preterition, and whether the institution of Remedios as universal heir should merely be reduced to preserve the legitimes of Rosario's parents.
HELD
The Supreme Court AFFIRMED the order of the trial court declaring the will a complete nullity. It held that Rosario's parents, Felix and Paz, were compulsory heirs in the direct ascending line and that the will completely omitted them. They received nothing under the testament and were not expressly disinherited. The Court therefore found a clear case of preterition.
The Court applied Article 854 of the Civil Code, which provides that the preterition or omission of one, some, or all compulsory heirs in the direct line shall annul the institution of heirs, while devises and legacies remain valid insofar as they are not inofficious. The Court explained that preterition requires the complete omission of a compulsory heir, meaning that the heir receives nothing under the will. Since Felix and Paz received nothing and were not expressly disinherited, the requirements of preterition were present.
The Court held that the effect of preterition was the total annulment of the institution of Remedios as universal heir. The will contained only one testamentary disposition: the institution of Remedios as the sole and universal heir of Rosario's entire estate. There were no separate legacies or devises. Consequently, once that institution was annulled under Article 854, nothing remained in the will. The result was intestate succession.
The Court rejected Remedios' argument that the case involved ineffective disinheritance. It distinguished preterition from disinheritance: preterition is the omission of a compulsory heir without express disinheritance, while disinheritance is a testamentary disposition depriving a compulsory heir of the legitime for a cause authorized by law. The will did not expressly disinherit Rosario's parents; it simply omitted them. The Court therefore held that Article 854 governed, rather than the rules on ineffective disinheritance.
The Court also rejected the argument that Remedios' universal institution should merely be treated as a legacy or bequest and reduced to preserve the parents' legitimes. It held that an institution of heirs is distinct from a legacy. Because the will contained no other testamentary disposition apart from the institution of Remedios as universal heir, the annulment of that institution rendered the entire will null, and intestate succession followed. The order of the trial court was therefore affirmed, with no pronouncement as to costs.
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