Institucion de Heredero, Dando Caracter Absoluto A Este Ordenamiento) Referring To The Mandate of

NUGUID V NUGUID Where the deceased left no descendants, legitimate
or illegitimate, but she left forced heirs in the direct

G.R. No. L-23445 June 23, 1966 ascending line – her parents, and her holographic
will does not explicitly disinherit them but simply
FACTS:
omits their names altogether, the case is one of
 Rosario Nuguid, died single, without preterition, not a case of ineffective disinheritance.
descendants. Surviving her were her
In the case at bar, the deceased Rosario Nuguid left
legitimate parents, Felix Nuguid and Paz
no descendants, legitimate or illegitimate. But she
Salonga Nuguid, and six (6) brothers and
left forced heirs in the direct ascending line her
sisters, namely: Alfredo, Federico,
parents, now oppositors Felix Nuguid and Paz
Remedios, Conrado, Lourdes and Alberto,
Salonga Nuguid. And, the will completely omits both
all surnamed Nuguid.
of them: They thus received nothing by the
 Remedios, one of the sister filed in court a
testament; tacitly, they were deprived of their
holographic will allegedly executed by
legitime; neither were they expressly disinherited.
Rosario instituting the former as the sole,
universal heir of all her properties. She This is a clear case of preterition. Such
prayed that said will be admitted to probate preterition in the words of Manresa “will always
and that letter of administration be issued annul the institution of heir, giving absolute
to her. character to this orderv(anulara siempre la
 Felix and Paz opposed to the probate of the institucion de heredero, dando caracter absoluto a
will on the ground that by the este ordenamiento) referring to the mandate of
institution of Remedios as universal Article 814, now 854 of the Civil Code.
heir of the deceased, oppositors – who
are compulsory heirs in the direct PRETERITION vs DISINHERETANCE
ascending line – were illegally
preterited and that in consequence, the Preterition “consists in the omission in the
institution is void. testator’s will of the forced heirs or anyone of them,
 Article 854 provides that preterition of one, either because they are not mentioned therein, or,
some or all of the compulsory heirs in the through mentioned, they are neither instituted as
direct line, whether living at the time of the heirs nor are expressly disinherited”.
execution of the will or born after the death
Disinheritance “is a testamentary disposition
of the testator, shall annul the institution of
depriving any compulsory heir of his share in the
heir.
legitime for a cause authorized by law”.
 Petitioner’s contention: the present case
is a case of ineffective disinheritance rather Manresa:” The express deprivation of the legitimate
than one of preterition drawing the constitutes disinheritance. The tacit deprivation of it
conclusion that Article 854 does not apply in is called preterition."
the case at bar.
Sanchez Roman emphasizes the distinction by
Court held: that "the will in question is a complete stating that disinheritance "it is always voluntary ";
nullity and will perforce create intestacy of the estate preterition, upon the other hand, is presumed to be
of the deceased Rosario Nuguid" "involuntary”
ISSUE (1): WON the institution of one of the sister The will here does not explicitly disinherit the
of the deceased as the sole, universal heir preterited testatrix's parents, the forced heirs. It simply
the compulsory heirs omits their names altogether. Said will rather
than be labeled ineffective disinheritance is
Stated differently: (Is the present case a case of
clearly one in which the said forced heirs suffer
preterition or ineffective disinheritance? Answer:
from preterition.
Preterition)
RULING (1): YES

ISSUE (2): WON the will is valid.
ART. 854. The preterition or omission of
one, some, or all of the compulsory heirs RULING (2): NO.
in the direct line, whether living at the
time of the execution of the will or born There is no other provision in the will except the
after the death of the testator, shall annul institution of petitioner as universal heir. That
the institution of heir; but the devises and institution, by itself, is null and void.
legacies shall be valid insofar as they are
not inofficious. ... Article 854 of the Civil Code in turn merely nullifies
"the institution of heir". Considering, however, that
the one sentence will institutes the petitioner as the
sole, universal heir and preterits the parents of the
testatrix, and it contains no specific legacies or
bequests, and nothing more, the result is the same.
The entire will is null. And, intestate succession

ensues.
Anent the statement in Article 854 that,

annulment notwithstanding, "the devises and
legacies shall be valid insofar as they are not
inofficious"
We should not be led astray by the Legacies and

devises merit consideration only when they are so
expressly given as such in a will. Nothing in Article
854 suggests that the mere institution of a universal
heir in a will — void because of preterition — would
give the heir so instituted a share in the inheritance.
As to him, the will is inexistent. There must be, in

addition to such institution, a testamentary
disposition granting him bequests or legacies apart
and separate from the nullified institution of heir.
EFFECTS OF PRETERITION
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.
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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NUGUID V NUGUID Where the deceased left no descendants, legitimate

or illegitimate, but she left forced heirs in the direct

RULING (1): YES

The entire will is null. And, intestate succession

Anent the statement in Article 854 that,

We should not be led astray by the Legacies and

As to him, the will is inexistent. There must be, in

Preterition under Article 854 of the Civil Code,

In ineffective disinheritance under Article 918 of

In disinheritance, the nullity is limited to that portion

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