Preterition vs. Defective Disinheritance: An In-Depth Legal Analysis
Under Philippine civil law, the concepts of preterition and defective disinheritance are pivotal to the discussion of compulsory succession, specifically when addressing the validity of a testamentary disposition. Both are governed by the Civil Code of the Philippines, particularly Articles 854 and 918 to 924, and the doctrines on the rights of compulsory heirs. Below is a detailed analysis of their definitions, distinctions, and legal implications.
Preterition (Article 854 of the Civil Code)
Definition
Preterition occurs when a testator completely omits a compulsory heir in their will, whether by instituting other heirs or by disposing of their entire estate without acknowledging the compulsory heir’s existence.
Requisites of Preterition
- Complete Omission: The compulsory heir is neither expressly instituted nor expressly disinherited in the will. They are entirely excluded.
- Coverage of the Entire Estate: The will disposes of all the testator’s property, leaving no share for the omitted compulsory heir.
- Heir’s Status as a Compulsory Heir:
- Legitimate children and descendants
- Legitimate parents and ascendants
- Surviving spouse
Legal Effects of Preterition
- Total Annulment of the Institution of Heirs:
- The entire testamentary disposition is rendered void with respect to the instituted heirs.
- The testator's property is distributed according to intestate succession as if no will existed.
- Preservation of Other Testamentary Provisions:
- Only the institution of heirs is void; other provisions such as legacies and devises remain valid, provided they do not impair the legitimes of the omitted compulsory heirs.
Exceptions to Preterition
- If the omission is unintentional or due to the testator’s ignorance of the heir’s existence (e.g., unknown paternity or a subsequent birth of a child post-will execution), the institution of heirs may still be valid, subject to the compulsory heir’s legitime.
Defective Disinheritance (Articles 918 to 924 of the Civil Code)
Definition
Defective disinheritance arises when a compulsory heir is expressly disinherited in a will, but the disinheritance is rendered invalid due to non-compliance with statutory requisites.
Requisites for Valid Disinheritance
- Grounds for Disinheritance: Must be explicitly stated and must fall within the legal grounds enumerated in Articles 919 to 921 (e.g., maltreatment, conviction of a crime against the testator, etc.).
- Form and Substance: Disinheritance must be made in the form of a will and must explicitly state the legal cause.
- Truth of the Allegation: The cause stated must be proven true. If unsubstantiated, the disinheritance is void.
- No Forgiveness: If the testator has expressly or implicitly forgiven the compulsory heir, disinheritance becomes ineffective.
Legal Effects of Defective Disinheritance
- Ineffectiveness of the Disinheritance Clause:
- The compulsory heir remains entitled to their legitime.
- The invalid disinheritance does not affect the validity of the rest of the will.
- Reduction of Institution or Dispositions:
- Any testamentary provisions exceeding the disposable free portion of the estate are reduced to ensure the compulsory heir’s legitime.
Distinctions Between Preterition and Defective Disinheritance
| Aspect | Preterition | Defective Disinheritance |
|---|---|---|
| Definition | Total omission of a compulsory heir. | Invalid disinheritance of a compulsory heir. |
| Action of the Testator | No mention of the heir in the will. | Explicit mention, but disinheritance is invalid. |
| Legal Consequences | Annuls the institution of heirs; intestacy applies. | Heir’s legitime is restored; no annulment of will. |
| Effect on Will | Institution of heirs void; legacies/devise preserved. | Entire will remains valid except disinheritance. |
| Examples | A will leaving all property to friends, omitting a child. | Disinheriting a child for alleged ingratitude without proof. |
Case Law and Applications
Preterition
- Bonilla v. Barcena (G.R. No. L-37445): The Supreme Court clarified that the omission of a legitimate child, even if unintentional, leads to the annulment of the institution of heirs, but the rest of the will may stand.
Defective Disinheritance
- Uy Sioca v. Chua Co (G.R. No. L-7271): The court emphasized the necessity of stating valid legal grounds for disinheritance, declaring the disinheritance void if the grounds are absent or untrue.
Conclusion
In compulsory succession under Philippine law, preterition and defective disinheritance both protect the rights of compulsory heirs but operate differently. Preterition focuses on total omission, leading to the annulment of heir institutions, while defective disinheritance involves an invalid attempt to exclude an heir, preserving their legitime while maintaining the validity of the rest of the will. These doctrines ensure that the legitime of compulsory heirs remains sacrosanct, reflecting the law's policy of safeguarding familial rights in succession.