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    Succession - Morales vs. Olondriz

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    Kaye Miranda Laurente
    This case involves a will that omitted one of the testator's sons, Francisco. The trial court found that Francisco was preterited from the will as he was not named as an heir, legatee, or devisee. Under the Civil Code, the preterition of a compulsory heir like a son results in the annulment of the institution of heirs and total intestacy if no other heirs were appointed. The proponent of the will argued Francisco was not preterited as he received property from the testator before his death, but failed to present evidence of this during the trial court proceedings. The Supreme Court upheld the trial court's finding of preterition.

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    Succession - Morales vs. Olondriz

    Uploaded by

    Kaye Miranda Laurente
    123 views1 page
    This case involves a will that omitted one of the testator's sons, Francisco. The trial court found that Francisco was preterited from the will as he was not named as an heir, legatee, or devisee. Under the Civil Code, the preterition of a compulsory heir like a son results in the annulment of the institution of heirs and total intestacy if no other heirs were appointed. The proponent of the will argued Francisco was not preterited as he received property from the testator before his death, but failed to present evidence of this during the trial court proceedings. The Supreme Court upheld the trial court's finding of preterition.

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    Succession

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    Succession_ Morales vs. Olondriz

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    This case involves a will that omitted one of the testator's sons, Francisco. The trial court found that Francisco was preterited from the will as he was not named as an heir, legatee, or devisee. Under the Civil Code, the preterition of a compulsory heir like a son results in the annulment of the institution of heirs and total intestacy if no other heirs were appointed. The proponent of the will argued Francisco was not preterited as he received property from the testator before his death, but failed to present evidence of this during the trial court proceedings. The Supreme Court upheld the trial court's finding of preterition.

    Copyright:

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

    Succession - Morales vs. Olondriz

    Uploaded by

    Kaye Miranda Laurente
    This case involves a will that omitted one of the testator's sons, Francisco. The trial court found that Francisco was preterited from the will as he was not named as an heir, legatee, or devisee. Under the Civil Code, the preterition of a compulsory heir like a son results in the annulment of the institution of heirs and total intestacy if no other heirs were appointed. The proponent of the will argued Francisco was not preterited as he received property from the testator before his death, but failed to present evidence of this during the trial court proceedings. The Supreme Court upheld the trial court's finding of preterition.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    of 1

    TITLE: Morales vs.

    Olondriz
    CITATION: G.R. No. 198994, February 3, 2016

    PRINCIPLES:
    · Preterition is the complete and total omission of a compulsory heir from the testator’s inheritance without the
    heir’s express disinheritance.

    · Under the Civil Code, the preterition of a compulsory heir in the direct line shall annul the institution of heirs, but
    the devises and legacies shall remain valid insofar as the legitimes are not impaired. Consequently, if a will does not
    institute any devisees or legatees, the preterition of a compulsory heir in the direct line will result in total intestacy.

    FACTS:
    Alfonso Juan P. Olondriz, Sr. died on June 9, 2003. He was survived by his widow, Ana Maria Ortigas de Olondriz, and
    his children: Alfonso Juan O. Olondriz, Jr., Alejandro Marino O. Olondriz, Isabel Rosa O. Olondriz, Angelo Jose O.
    Olondriz, and Francisco Javier Maria Bautista Olondriz.

    Believing that the decedent died intestate, the respondent heirs filed a petition with the Las Piñas RTC for the partition of
    the decedent's estate and the appointment of a special administrator on July 4, 2003. On July 11, 2003, the RTC
    appointed Alfonso Juan O. Olondriz, Jr. as special administrator.

    However, on July 28, 2003, Iris Morales filed a separate petition with the RTC alleging that the decedent left a will dated
    July 23, 1991. Morales prayed for the probate of the will and for her appointment as special administratrix.

    Notably, the will omitted Francisco Javier Maria Bautista Olondriz, an illegitimate son of the decedent. The respondent
    heirs moved to dismiss the probate proceedings because Francisco was preterited from the will.

    The RTC observed: (1) that Morales expressly admitted that Francisco Javier Maria Bautista Olondriz is an heir of the
    decedent; (2) that Francisco was clearly omitted from the will; and (3) that based on the evidentiary hearings, Francisco
    was clearly preterited. Thus, the RTC reinstated Alfonso Jr. as administrator of the estate and ordered the case to
    proceed in intestacy.

    ISSUE:
    Whether or not there was no preterition because Francisco received a house and lot inter vivos as an advance on his
    legitime.

    RULING:
    Yes.
    Preterition consists in the omission of a compulsory heir from the will, either because he is not named or, although he is
    named as a father, son, etc., he is neither instituted as an heir nor assigned any part of the estate without expressly being
    disinherited — tacitly depriving the heir of his legitime. Preterition requires that the omission is total, meaning the heir did
    not also receive any legacies, devises, or advances on his legitime. In other words, preterition is the complete and total
    omission of a compulsory heir from the testator’s inheritance without the heir’s express disinheritance.

    The decedent's will evidently omitted Francisco Olondriz as an heir, legatee, or devisee. As the decedent's illegitimate
    son, Francisco is a compulsory heir in the direct line. Unless Morales could show otherwise, Francisco's omission from the
    will leads to the conclusion of his preterition. Under the Civil Code, the preterition of a compulsory heir in the direct line
    shall annul the institution of heirs, but the devises and legacies shall remain valid insofar as the legitimes are not impaired.
    Consequently, if a will does not institute any devisees or legatees, the preterition of a compulsory heir in the direct line will
    result in total intestacy.

    During the proceedings in the RTC, Morales had the opportunity to present evidence that Francisco received donations
    inter vivos and advances on his legitime from the decedent. However, Morales did not appear during the hearing dates,
    effectively waiving her right to present evidence on the issue. We cannot fault the RTC for reaching the reasonable
    conclusion that there was preterition.

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