MANINANG vs. COURT OF APPEALS

RAFAEL E. MANINANG and SOLEDAD L. MANINANG vs. COURT OF APPEALS, HON. RICARDO L. PRONOVE, JR., and BERNARDO S. ASENETA
G.R. No. L-57848 June 19, 1982
MELENCIO-HERRERA, J.:

Facts:
On May 21, 1977, Clemencia Aseneta, single, died at the Manila Sanitarium Hospital at age 81. She left a holographic will, the pertinent portions of which are quoted hereunder:
“It is my will that all my real properties located in Manila, Makati, Quezon City, Albay and Legaspi City and all my personal properties shagllbe inherited upon my death by Dra. Soledad L. Maninang with whose family I have lived continuously for around the last 30 years now. Dra. Maninang and her husband Pamping have been kind to me. ... I have found peace and happiness with them even during the time when my sisters were still alive and especially now when I am now being troubled by my nephew Bernardo and niece Salvacion. I am not incompetent as Nonoy would like me to appear. I know what is right and wrong. I can decide for myself. I do not consider Nonoy as my adopted son. He has made me do things against my will.”
Respondent Bernardo Aseneta, who, as the adopted son, claims to be the sole heir of decedent Clemencia Aseneta

Issue:
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

Ruling:
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, in turn, "is a testamentary disposition depriving any compulsory heirs of his share in the legitimate for a cause authorized by law." Disinheritance is always "voluntary", preterition upon the other hand, is presumed to be "involuntary". The effects flowing from preterition are totally different from those of disinheritance. Pretention under Article 854 of the New Civil Code shall annul the institution of heir. This annulment is in toto, unless in the will there are, in addition, testamentary dispositions in the form of devises or legacies. In ineffective disinheritance under Article 918 of the same Code, such disinheritance shall also "annul the institution of heirs", but only "insofar as it may prejudice the person disinherited", which last phrase was omitted in the case of preterition. Better stated yet, in disinheritance the nullity is limited to that portion of the estate of which the disinherited heirs have been illegally deprived.
By virtue of the dismissal of the Testate Case, the determination of that controversial issue has not been thoroughly considered. We gather from the assailed Order of the trial Court that its conclusion was that respondent Bernardo has been preterited We are of opinion, however, that from the face of the Will, that conclusion is not indubitable.

Adjudication:
The Decision in question is set aside. 

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