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PEREGRINO - Maninang v. Court of Appeals - G.R. No. L-57848

The document discusses a case regarding a will and whether an adopted son was preterited or disinherited. It provides background on the concepts of preterition and disinheritance under Philippine law. It details the facts of the case where the adopted son claimed preterition and intestacy should ensue, while the petitioner argued he was effectively disinherited. The Supreme Court ruled it could not yet be determined as the probate case was dismissed, and preterition was still questionable based on the will. The case was remanded for further proceedings.

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Precious Grace F. Peregrino
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21 views2 pages

PEREGRINO - Maninang v. Court of Appeals - G.R. No. L-57848

The document discusses a case regarding a will and whether an adopted son was preterited or disinherited. It provides background on the concepts of preterition and disinheritance under Philippine law. It details the facts of the case where the adopted son claimed preterition and intestacy should ensue, while the petitioner argued he was effectively disinherited. The Supreme Court ruled it could not yet be determined as the probate case was dismissed, and preterition was still questionable based on the will. The case was remanded for further proceedings.

Uploaded by

Precious Grace F. Peregrino
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Peregrino, Precious Grace F.

JD 2B

Maninang v. Court of Appeals


G.R. No. L-57848, June 19, 1982
MELENCIO-HERRERA, J :

DOCTRINE: 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 is a testamentary disposition
depriving any compulsory heirs of his share in the legitime for a cause authorized by law.

TOPIC: Art. 854. The preterition or omission of one, some, or all of the compulsory heirs in the
direct line, 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 devises and legacies shall be valid insofar as
they are not inofficious. If the omitted compulsory heirs should die before the testator, the
institution shall be effectual, without prejudice to the right of representation.

FACTS:

Clemencia Aseneta, single, died and left a holographic will saying that all her real properties
located in Manila, Makati, Quezon City, Albay and Legaspi City and all her personal properties
shall be inherited by Dra. Soledad L. Maninang with whose family she have lived with. Soledad
Maninang filed a Petition for probate of the Will of the decedent with the CFI. Bernardo Aseneta,
who, as the adopted son, claims to be the sole heir of decedent Clemencia Aseneta, instituted
intestate proceedings.
Bernardo contends that the holographic will was null and void because he, as the only compulsory
heir, was preterited and, therefore, intestacy should ensue. The lower Court ordered the dismissal
of the Testate Case.
In her opposition,Soledad averred that the court’s area of inquiry is limited to an examination of
and resolution on the extrinsic validity of the will and that Bernardo was effectively disinherited
by the decedent. The motion was granted. The motion for reconsideration by Soledad Maninang
was denied for lack of merit. In the same order, the court appointed Bernardo Aseneta as
administrator considering he is a forced heir and is not shown to be unfit to perform the trust.
Soledad Maninang filed petition for certiorari with the Court of Appeals. It was denied.

ISSUE:

Whether or not under the terms of the decedent's Will, private respondent had been preterited or
disinherited, and if the latter, whether it was a valid disinheritance.
Peregrino, Precious Grace F.
JD 2B

RULING:

No, it cannot yet be determined whether the respondent has been preterited because the probate
case was dismissed.
By virtue of the dismissal of the testate case, the determination of that controversial issue has not
been thoroughly considered.
Preterition and disinheritance are two diverse concepts. 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 is a testamentary disposition depriving any compulsory heirs of his share in the
legitime for a cause authorized by law.
The conclusion of the trial court was that Bernardo has been preterited. The SC is of opinion,
however, that from the face of the will, that conclusion is not indubitable. Such preterition is still
questionable. The Special Proceeding is remanded to the lower court.

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