MANINANG vs. CA

MANINANG vs. CA

June 19, 1982

FACTS: 

            Clemencia, left a holographic will which provides that all her properties shall be inherited by Dra. Maninang with whose family Clemencia has lived continuously for the last 30 years.  The will also provided that she does not consider Bernardo as his adopted son.  Bernardo, as the adopted son, claims to be the sole heir of decedent Clemencia Aseneta, instituted intestate proceedings.

ISSUE:

            Was Bernardo preterited?

HELD: 

            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.