REMEDIOS NUGUID vs. FELIX NUGUID

G.R. No.
L-23445 June 23, 1966 We should not be led astray by the statement in Article 854 that, annullment
REMEDIOS NUGUID vs. FELIX NUGUID notwithstanding, "the devises and legacies shall be valid insofar as they are not
inofficious". Legacies and devises merit consideration only when they are so
Rosario Nuguid, died, single, without descendants, legitimate or illegitimate. expressly given as such in a will. Nothing in Article 854 suggests that
Surviving her were her legitimate parents, and six (6) brothers and sisters. the mere institution of a universal heir in a will — void because of preterition —
would give the heir so instituted a share in the inheritance. As to him, the will is
Petitioner Remedios Nuguid filed a holographic will allegedly executed by Rosario inexistent. There must be, in addition to such institution, a testamentary disposition
Nuguid. Petitioner prayed that said will be admitted to probate and that letters of granting him bequests or legacies apart and separate from the nullified institution of
administration with the will annexed be issued to her. heir.
Felix Nuguid and Paz Salonga Nuguid, concededly the legitimate father and mother Article 854 of the Civil Code in turn merely nullifies "the institution of heir".
of the deceased Rosario Nuguid, entered their opposition to the probate of her will. Considering, however, that the will before us solely provides for the institution of
Ground therefor, inter alia, is that by the institution of petitioner Remedios Nuguid petitioner as universal heir, and nothing more, the result is the same. The entire will
as universal heir of the deceased, oppositors — who are compulsory heirs of the is null.
deceased in the direct ascending line — were illegally preterited and that in
consequence the institution is void. (Discussion why intrinsic validity was already decided upon considering it was only
on the probate stage) Normally, this comes only after the court has declared that the
Issue: Is the entire Will invalid? will has been duly authenticated.2 But petitioner and oppositors, in the court below
and here on appeal, travelled on the issue of law, to wit: Is the will intrinsically a
Ruling: YES. The statute we are called upon to apply in Article 854 of the Civil nullity?
Code which, in part, provides:
We pause to reflect. If the case were to be remanded for probate of the will, nothing
ART. 854. The preterition or omission of one, some, or all of the will be gained. On the contrary, this litigation will be protracted. And for aught that
compulsory heirs in the direct line, whether living at the time of the appears in the record, in the event of probate or if the court rejects the will,
execution of the will or born after the death of the testator, shall annul the probability exists that the case will come up once again before us on the same issue
institution of heir; but the devises and legacies shall be valid insofar as they of the intrinsic validity or nullity of the will. Result: waste of time, effort, expense,
are not inofficious. ... plus added anxiety. These are the practical considerations that induce us to a belief
that we might as well meet head-on the issue of the validity of the provisions of the
The deceased Rosario Nuguid left no descendants, legitimate or illegitimate. But she will in question.3 After all, there exists a justiciable controversy crying for solution.
left forced heirs in the direct ascending line her parents, now oppositors Felix
Nuguid and Paz Salonga Nuguid. And, the will completely omits both of them: They
thus received nothing by the testament; tacitly, they were deprived of their legitime;
neither were they expressly disinherited. This is a clear case of preterition. The one-
sentence will here institutes petitioner as the sole, universal heir — nothing more. No
specific legacies or bequests are therein provided for. It is in this posture that we say
that the nullity is complete. Perforce, Rosario Nuguid died intestate.
Really, as we analyze the word annul employed in the statute, there is no escaping
the conclusion that the universal institution of petitioner to the entire inheritance
results in totally abrogating the will. Because, the nullification of such institution of
universal heir — 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 offers no leeway for inferential interpretation. Giving it an expansive
meaning will tear up by the roots the fabric of the statute.

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