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Digest - Nuguid vs. Nuguid

The document discusses a case regarding preterition in a will. Specifically: [1] Remedios Nuguid filed the holographic will of Rosario Nuguid, naming herself as universal heir. However, Felix and Paz Nuguid, the legitimate parents of Rosario, contested the will. [2] The parents argued the will was invalid due to preterition, as they were omitted as compulsory heirs. Preterition occurs when a will fails to mention or disinherit forced heirs. [3] The court ruled the will was invalid due to preterition. Under the Civil Code, preterition annuls the entire institution of heirs, unlike ineffective disinheritance

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114 views

Digest - Nuguid vs. Nuguid

The document discusses a case regarding preterition in a will. Specifically: [1] Remedios Nuguid filed the holographic will of Rosario Nuguid, naming herself as universal heir. However, Felix and Paz Nuguid, the legitimate parents of Rosario, contested the will. [2] The parents argued the will was invalid due to preterition, as they were omitted as compulsory heirs. Preterition occurs when a will fails to mention or disinherit forced heirs. [3] The court ruled the will was invalid due to preterition. Under the Civil Code, preterition annuls the entire institution of heirs, unlike ineffective disinheritance

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Anny Yanong
Copyright
© © All Rights Reserved
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Download as DOCX, PDF, TXT or read online on Scribd
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DIGEST: NUGUID VS.

NUGUID

FACTS:
Petitioner Remedios Nuguid filed a holographic will allegedly executed by Rosario Nuguid on November
17, 1951, some 11 years before her demise. Petitioner prayed that said will be admitted to probate and that letters
of administration with the will annexed be issued to her.
On June 25, 1963, Felix Nuguid and Paz Salonga Nuguid, concededly the legitimate father and mother of
the deceased Rosario Nuguid, entered their opposition to the probate of her will. Ground therefor is that by the
institution of petitioner Remedios Nuguid as universal heir of the deceased, oppositors — who are compulsory
heirs of the deceased in the direct ascending line — were illegally preterited and that in consequence the
institution is void.
RTC ruled the will in question is a complete nullity and will perforce create intestacy of the estate of the
deceased Rosario Nuguid” and dismissed the petition on the ground of

ISSUE: Whether there is preterition

HELD:
Yes. 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.” Disinheritance, in turn, “is a testamentary disposition depriving any compulsory heir of his
share in the legitime for a cause authorized by law. The will here does not explicitly disinherit the testatrix’s
parents, the forced heirs. It simply omits their names altogether. Said will rather than be labeled ineffective
disinheritance is clearly one in which the said forced heirs suffer from preterition.
On top of this is the fact that the effects flowing from preterition are totally different from those of
disinheritance. Preterition under Article 854 of the Civil Code, we repeat, “shall annul the institution of heir”. This
annulment is in toto, unless in the will there are, in addition, testamentary dispositions in the form of devises or
legacies. In ineffective disinheritance under Article 918 of the same Code, such disinheritance shall also “annul
the institution of heirs”, put only “insofar as it may prejudice the person disinherited”, which last phrase was omitted
in the case of preterition. Better stated yet, in disinheritance the nullity is limited to that portion of the estate of
which the disinherited heirs have been illegally deprived.

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