ArticuLaw Primo

GR. No. 23445, June 23, 1966

Remedios Nuguid vs. Felix Nuguid and Paz Salonga Nuguid

 

 

Facts

 

          Rosario Nuguid a resident of Quezon City, died on December 30, 1962 single without descendants legitimate or illegitimate. Surviving her were her legitimate parents Felix and Paz Nuguid, and her six (6) brothers and sisters.

 

            On May 18, 1963 Remedios Nuguid filed in the Court of First Instance now the Regional Trial Court, a holographic will allegedly executed by Rosario Nuguid. Petitioner prayed that said will be admitted to probate and that the letters od administration with the will annexed be granted to her.

 

            Felix Nuguid and Paz Nuguid, the legitimate parents of the decedent entered their opposition to the probate of the will on the ground that they are the com-pulsory heirs of the deceased in the direct ascending line were illegally preterited and that in the consequence the institution of the heir is void.

 

            On November 08, 1963, the Court held that the will in question is a complete nullity and dismissed the petition. A motion for reconsideration is denied hence this appeal.

 

            Appellant insist that the case is for the probate of a will, that the court’s area of inquiry is limited to the extrinsic validity of the will, or the testamentary capacity of testator and the requisites or solemnities prescribed by law, that the court at this stage of the proceedings is not called upon to rule on the intrinsic validity of the will.

 

 

Issues

 

Whether or not the will in question is intrinsically a nullity and

Whether or not the parents is disinherited or pretireted.

 

Holographic will of Rosario Nuguid

 

I, Rosario Nuguid, being of sound mind and disposing mind and memory amassed a certain amount of property do hereby give, devise and bequeath all of the property which I may have when I died to my beloved sister Remedios Nuguid age 34 residing with me at 38 Iriga St. Quezon City.

In witness whereof I have signed my name this 17th dayof November 1951.

 

 

Held

 

              If the case were to be remanded for probate of the will, nothing will gained and if the Court below again rejects the will, probability exist that the case will come up again before us on the same issue of intrinsic validity.

 

            The result waste of time, effort, expenses and added anxiety. These are the practical consideration that the court induce to belief that they might meet head on the question.

 

            The deceased Rosario Nuguid left no descendant legitimate or illegitimate, but she left forced heirs in the direct ascending line her parents now oppositor Felix and Paz Nuguid and the will completely omits both of them, they thus received nothing by the testament. Tacitly they were deprived of their legitime neither they expressly disinherited.

 

            This is a clear case of preterition and under Art. 854 of the New Civil Code the institution of the heir is void.

 

            Wherefore the decision of the Trial Court is hereby Affirmed.