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    Case Digest - Acain vs. Iac Et Al. GR # 72706, Oct.27,1987

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    Clarisse Tingchuy
    This case digest discusses the concept of preterition in Philippine law. Preterition occurs when a testator omits a forced heir from their will, either by not mentioning them or by mentioning but not instituting them as an heir or expressly disinheriting them. The Supreme Court affirmed a lower court's ruling that the widow and adopted daughter of Nemesio Acain were preterited from his will, as he left his entire estate to his brother Segundo and Segundo's children, resulting in total intestacy. A concurring opinion distinguishes between involuntary omission through mistake versus intentional omission, noting preterition presumes the former while defective disinheritance covers the latter.

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    Case Digest - Acain vs. Iac Et Al. GR # 72706, Oct.27,1987

    Uploaded by

    Clarisse Tingchuy
    560 views1 page
    This case digest discusses the concept of preterition in Philippine law. Preterition occurs when a testator omits a forced heir from their will, either by not mentioning them or by mentioning but not instituting them as an heir or expressly disinheriting them. The Supreme Court affirmed a lower court's ruling that the widow and adopted daughter of Nemesio Acain were preterited from his will, as he left his entire estate to his brother Segundo and Segundo's children, resulting in total intestacy. A concurring opinion distinguishes between involuntary omission through mistake versus intentional omission, noting preterition presumes the former while defective disinheritance covers the latter.

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    acain vs cain case digest succession

    Original Title

    Acain vs. Cain

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    This case digest discusses the concept of preterition in Philippine law. Preterition occurs when a testator omits a forced heir from their will, either by not mentioning them or by mentioning but not instituting them as an heir or expressly disinheriting them. The Supreme Court affirmed a lower court's ruling that the widow and adopted daughter of Nemesio Acain were preterited from his will, as he left his entire estate to his brother Segundo and Segundo's children, resulting in total intestacy. A concurring opinion distinguishes between involuntary omission through mistake versus intentional omission, noting preterition presumes the former while defective disinheritance covers the latter.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    560 views1 page

    Case Digest - Acain vs. Iac Et Al. GR # 72706, Oct.27,1987

    Uploaded by

    Clarisse Tingchuy
    This case digest discusses the concept of preterition in Philippine law. Preterition occurs when a testator omits a forced heir from their will, either by not mentioning them or by mentioning but not instituting them as an heir or expressly disinheriting them. The Supreme Court affirmed a lower court's ruling that the widow and adopted daughter of Nemesio Acain were preterited from his will, as he left his entire estate to his brother Segundo and Segundo's children, resulting in total intestacy. A concurring opinion distinguishes between involuntary omission through mistake versus intentional omission, noting preterition presumes the former while defective disinheritance covers the latter.

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    © All Rights Reserved
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    CASE DIGEST – ACAIN VS. IAC ET AL. GR # 72706, OCT.

    27,1987

    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. Insofar as the widow is concerned, Art. 854
    of the Civil Code may not apply as she does not ascend or descend from the testator, although
    she is a compulsory heir. Stated otherwise, even if the surviving spouse is a compulsory heir,
    there is no preterition even if she is omitted from the inheritance, for she is not in the direct
    line.
    FACTS: Nemesio Acain executed a will whereby he gave all his shares in the conjugal
    property to his brother Segundo. In case Segundo predeceases Nemesio, all his shares were
    to be given to Segundo’s children. Segundo predeceased Nemesio. Thus, Constantino and
    his brothers and sisters, the children of Segundo, fi led a petition for probate claiming the
    property as Nemesio’s heirs. During the petition for probate, Virginia A. Fernandez, a legally
    adopted daughter of Nemesio and the latter’s widow, Rosa Diongson Vda. de Acain, moved
    to dismiss on the grounds: (1) Constantino has no legal capacity to institute these
    proceedings; (2) he is merely a universal heir; and (3) the widow and adopted daughter
    have been preterited. The trial judge denied the motion. The Intermediate Appellate Court
    granted Virginia A. Fernandez’s petition and ordered the trial court to dismiss the petition for
    probate of Nemesio’s will.
    HELD: The Supreme Court in affi rming the Appellate Court’s decision held that the universal
    institution of Constantino together with his brothers and sisters to the entire inheritance of the
    testator results in totally abrogating the will because the nullifi cation of such institution of
    universal heirs — without any other testamentary disposition in the will — amounts to a
    declaration that nothing at all was written. Carefully worded and in clear terms, Article 854 of
    the Civil Code offers no leeway for inferential interpretation. No legacies or devises having
    been provided in the will, the whole property of the deceased has been left by universal title
    to said heirs and his brothers. The effect of annulling the institution of heirs will be,
    necessarily, the opening of a total intestacy except that proper legacies and devises must be
    respected.

    J. Ameurfi na Melencio-Herrera (concurring): One must distinguish whether the omission of


    a forced heir in the will of the testator is by mistake or inadvertence, or voluntary or intentional.
    If by mistake or inadvertence, there is true preterition and total intestacy results. The reason
    for this is the “inability to determine how the testator would have distributed his estate if none
    of the heirs had been omitted or forgotten.” On the other hand, if the omission is intentional,
    the effect would be a defective disinheritance covered by Article 918 of the Civil Code in which
    case the institution of heir is not wholly void but only insofar as it prejudices the legitime of
    the person disinherited, i.e., the nullity is partial unlike in true preterition where the nullity is
    total. Preterition is presumed to be only an involuntary omission, i.e., that if the testator had
    known of the existence of the compulsory heir at the time of the execution of the will, he would
    have instituted such heir. On the other hand, if the testator attempts to disinherit a compulsory
    heir, the presumption of the law is that he wants such heir to receive as little as possible from
    the estate.

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