Maninang v. CA [G.R. No. L-57848 June 19, 1982]

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 Maninang v. CA

G.R. No. L-57848 June 19, 1982

 

 SUBJECT: LAW ON WILLS AND SUCCESSION

Topic: Preterition

 

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.

 

ISSUE: WON the Courta quoa quo acted in excess of its jurisdiction when it dismissed the Testate Case.

 

HELD: YES. Generally, the probate of a Will is mandatory. Normally, the probate of a Will does not look into its intrinsic validity.- The Nuguid and the Balanay cases provide the exception rather than the rule. The intrinsic validity of the Wills in those cases was passed upon even before probate because "practical considerations" so demanded. Moreover, for the parties in the Nuguid case, the "meat of the controversy" was the intrinsic validity of the Will; in fact, the parties in that case "shunted aside the question of whether or not the Will should be allowed probate."

 

Not so in the case before us now where the probate of the Will is insisted on by petitioners and a resolution on the extrinsic validity of the Will demanded. Moreover, in the Nuguid case, this Court ruled that the Will was intrinsically invalid as it completely preterited the parents of the testator.

 

In the instant case, a crucial issue that calls for resolution is whether 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. 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.

 

By virtue of the dismissal of the testate case, the determination of that controversial issue has not been thoroughly considered. 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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