Preterition in Compulsory Succession

Preterition is a significant concept in Philippine succession law, found under Article 854 of the Civil Code of the Philippines. It refers to the omission of a compulsory heir in the direct line (legitimate or illegitimate, whether descendant or ascendant) from the testator's will, either by failing to institute them as heirs or by not providing for them in any way. Below is a meticulous discussion of the principles, requirements, effects, and nuances of preterition:

Definition

Preterition is the omission of a compulsory heir in the direct line (descendants or ascendants) from the will, such that they receive no inheritance at all, whether as instituted heirs, legatees, or devisees. The omitted heir is not expressly disinherited, but they are effectively excluded from any participation in the inheritance.

Requisites for Preterition

For preterition to occur, the following elements must be present:

Omission: A compulsory heir in the direct line (e.g., legitimate children, parents) is completely excluded from the will.
Compulsory Heir in the Direct Line: The omission must pertain to compulsory heirs in the direct line only:
- Descendants: Legitimate or illegitimate children, legitimate grandchildren (if their parent is deceased).
- Ascendants: Legitimate parents, legitimate grandparents.
No Express Disinheritance: The omission does not result from valid disinheritance but is merely a failure to recognize or provide for the heir.
Existence of a Will: Preterition applies only when there is a will. It cannot occur in intestate succession.

Effects of Preterition

Total Annulment of the Institution of Heirs:
- If preterition affects a compulsory heir in the direct line, the institution of heirs in the will is annulled, except for legacies or devises.
- This means that the omitted compulsory heir will inherit through intestate succession, and their legitime will be fully restored.
Legacies and Devises:
- Legacies and devises in the will remain valid unless they impair the legitime of the preterited heir.
Effect on Conjugal Partnership/Absolute Community:
- Property erroneously disposed of in violation of the preterited heir's legitime will revert to the conjugal partnership or absolute community of property for proper distribution.
Partial Annulment:
- If other provisions of the will remain valid without impairing the legitime of the omitted compulsory heir, they can be enforced.

Illustrations

Example of Total Annulment:
- A testator executes a will omitting his legitimate child entirely. The child is not named as an heir, legatee, or devisee.
- Result: The entire institution of heirs is annulled. The omitted child inherits intestate, and other provisions of the will are upheld only if they do not impair the legitime.
Example Where Preterition Does Not Occur:
- If a compulsory heir is given a legacy or devise (even a small amount), there is no preterition, but the heir may seek to complete their legitime if impaired.
Disinheritance vs. Preterition:
- If the testator validly disinherits a compulsory heir following the grounds in Article 919 of the Civil Code (e.g., maltreatment or committing a crime against the testator), preterition does not apply.

Legal Basis

Article 854, Civil Code:

"The preterition or omission of one, some, or all of the compulsory heirs in the direct line, whether living at the time of the execution of the will or born after the testator’s death, shall annul the institution of heirs. However, the devises and legacies shall be valid insofar as they are not inofficious."
Articles 906–908, Civil Code: Govern legitimes and their protection.

Key Jurisprudence

Philippine courts have repeatedly clarified the application of preterition, emphasizing the need for strict compliance with the rules governing legitimes and the intent of the testator:

Reyes v. Barraquio (G.R. No. 130742):
- Established that preterition applies only to heirs in the direct line and invalidates the institution of heirs.
Ramos v. Ramos (G.R. No. 186107):
- Highlighted the distinction between preterition and valid disinheritance.
De Borja v. De Borja (G.R. No. 131215):
- Affirmed the rule that legacies and devises remain valid unless they impair legitime.

Related Doctrines

Prohibition Against Impairing Legitime:
- Even when preterition does not occur, any disposition reducing the legitime of a compulsory heir is inofficious and void to that extent.
Doctrine of Conjugal or Absolute Community Rights:
- If the omitted heir’s legitime is violated due to improper distribution, the conjugal/absolute community property rules govern rectification.

Practical Implications

Estate Planning:
- Testators must ensure that all compulsory heirs, particularly those in the direct line, are either provided for in the will or validly disinherited to avoid annulment due to preterition.
Legal Challenges:
- Heirs who are preterited may file a judicial action to annul the institution of heirs and claim their legitime.

Preterition ensures the protection of compulsory heirs in the direct line, emphasizing the primacy of family rights under Philippine law. It underscores the responsibility of testators to honor the legitime of their heirs and avoid omissions that could undermine the orderly succession of estates.