Nuguid v. Nuguid
GR L-23445, June 23, 1966
FACTS:
Rosario died single, without descendants, legitimate or illegitimate. Surviving were her legitimate parents, Felix and Paz, and 6 brothers and sisters. One of the siblings filed a holographic will allegedly executed by Rosario 11 years before her death and prayed that she be admitted to the probate and be appointed administrator. The parents opposed saying that they are the compulsory heirs of the decedent in the direct ascending line and that the will should be void on the ground of absolute preterition.
ISSUE:
Is the will void on the ground of preterition?
RULING:
YES. The decedent left no descendants, legitimate or illegitimate. But she left forced heirs in the direct ascending line her parents. And, the will completely omits both of them; thus receiving nothing by the testament, depriving them of their legitime; neither were they expressly disinherited. This is a clear case of preterition. Note that A. 854 of the NCC merely nullifies the “institution of heir”. Considering that the will presented solely provides for the institution of the petitioner as universal heir and nothing more, the result is the same. The will is null and void.
