Inheritance Rights and Preterition in Philippine Succession Law (A comprehensive doctrinal and jurisprudential survey)

Abstract

This article surveys the entire doctrinal landscape on inheritance rights and the special phenomenon of preterition under Philippine succession law. Anchored on Book III of the Civil Code of the Philippines (Articles 960-1101) and enriched by Supreme Court jurisprudence and recognized local commentaries (Tolentino, Paras, Reyes & Puno, etc.), it traces the historical roots of compulsory succession, explains the mechanics and effects of preterition, distinguishes it from kindred concepts (e.g., disinheritance, incapacity, partial intestacy), and synthesizes more than half-a-century of case law. Practical drafting and litigation tips close the discussion.

I. Succession in the Philippine Civil Code

Source of Title to Succeed	Governing Articles	Key Features
Testamentary	782 et seq.	Disposition by will; freedom limited by legitimes.
Intestate	960 et seq.	Operates when no valid will, when will invalidated, or to the extent not disposed of (partial intestacy).
Mixed	1011	Co-existence of testate and intestate rules in one estate (e.g., preterition).

II. Classification of Heirs

Compulsory heirs (Arts. 886-887)
- Direct descendants (legitimate and legitimated; legally adopted; illegitimate).
- Direct ascendants (legitimate).
- Surviving spouse.
- Acknowledged natural children and other illegitimate children (Art. 895).
Voluntary heirs – instituted by will, take what the testator gives after legitimes.
Legal/intestate heirs – succeed by law when no valid voluntary disposition exists.

III. Legitimes: The Indefeasible Share

Compulsory Heir	Legitime (testate estate)
1 legitimate child alone	1/2 of estate (as forced heir)
Several legit. children	1/2, divided equally
Legitimate parents (no desc.)	1/2
Surviving spouse with legit. child	Equal to a legitimate child’s legitime
Surviving spouse alone	1/2
Illegitimate children	1/2 of what each legit. child gets (Art. 895)

IV. Preterition: Concept and Requisites

Article 854, Civil Code

“The preterition or omission of one, some, or all of the compulsory heirs in the direct line… shall annul the institution of heir; but the devises and legacies shall be valid insofar as they are not inofficious.”

A. Definition

Preterition is the total omission—accidental or intentional—of a compulsory heir in the direct line (ascendant or descendant) from the testator’s will without disinheritance and without even a donation inter vivos equal to the legitime.

B. Requisites

A valid will exists.
There is an entire omission (the heir receives nothing; even one peso defeats preterition).
The omitted heir is a compulsory heir in the direct line.
No valid disinheritance under Arts. 915-921.
The omission is not cured by donations inter vivos equal to, or exceeding, the legitime.

C. Rationale

To protect the constitutional and statutory policy (Const. Art. XVI §3; Civil Code Arts. 888-909) that certain family members cannot be deprived of a basic “family reserve.”

V. Effects of Preterition

Annulment pro tanto of the institution of heirs – Only the portions affecting legitimes are void; the will remains a valid act for the remainder.
Automatic intestacy over the annulled portion – The omitted heir takes his legitime by intestate succession.
Legacies and devises – Survive insofar as inofficious (i.e., they cannot impair the newly restored legitime).
Partial intestacy – Often results, producing a mixed succession.
No collation/deduction for legacies granted to voluntary heirs if legitime can still be satisfied; otherwise proportional reduction (Arts. 906-907).

VI. Preterition versus Related Concepts

Concept	Key Distinction	Provision
Disinheritance	Express declaration + legal cause; heir excluded entirely; institution stands	Arts. 915-921
Impairment of legitime	Heir mentioned but given less than legitime; remedy: reduction, not annulment	Arts. 906-909
Omission of non-compulsory heir	Not preterition; heir has no legitime	—
Incapacity	Heir named but legally incapable (e.g., unworthiness); institution void re share of incapable heir	Arts. 1027, 1035
Survivorship contingency	Heir pre-deceases testator; no preterition	Art. 1034

VII. Remedies of the Omitted Compulsory Heir

Action for reduction or annulment – Art. 1144 (4-year prescriptive period counted from probate or knowledge).
Declaratory relief in probate proceedings – Heir may appear at probate to assert omission.
Extrajudicial settlement – Parties may amicably re-allot legitime to omitted heir.

VIII. Jurisprudential Highlights

Case	G.R. No. / Date	Doctrinal Holding
Naval v. Court of Appeals	119231, 16 Aug 1996	Preterition annuls institution only to extent necessary; legacies/devises preserved if not inofficious.
Diaz v. Intermediate Appellate Court	66515, 29 Nov 1988	Donation propter nuptias to child does not defeat preterition unless equal to legitime.
Heirs of Malate v. Gamboa	157718, 28 Apr 2004	Omission of legitimated child = preterition; legitime computed as full legitimate child.
De Borja v. CA	68359-60, 27 Jan 1989	Surviving spouse partly omitted (≤ legitime) → action is reduction, not preterition.
Nuguid v. Nuguid	L-23445, 19 June 1967	Adopted child is compulsory heir; omission constitutes preterition.

(Older Spanish-era precedents—e.g., Aranas v. de la Rama (1916)—remain persuasive.)

IX. Special Problems and Doctrinal Nuances

After-born children – If conceived at time of will but born after execution, omission is preterition (Arroyo v. Grijaldo, 102 Phil 640).
Representation and right of accretion – If direct-line heir pre-deceases, descendants may invoke preterition upon common opening of succession (Art. 970).
Renunciation – If the omitted heir subsequently repudiates his share, intestate portion accrues to other heirs according to Art. 960.
Alienation before discovery of preterition – Alienations by instituted heir in good faith are respected up to the amount ultimately adjudicated to said heir (Art. 1071).
Conflict of laws – Preterition rules are matters of public order and therefore mandatory for Filipinos wherever domiciled (Arts. 1039-1045). Conversely, foreign decedents’ estates in the Philippines remain governed by their national law under the principle of lex nationalii, but Philippine legitime rules apply to property located in the Philippines under mandatory rules on compulsory shares (Garcia v. Recio, 138 SCRA 401).

X. Drafting and Litigation Pointers

Scenario	Pitfall	Preventive Measure
Testator wants to favor spouse over children	Omission → preterition	Use legitime-respecting fractional institution (e.g., “I institute my spouse to ½ of my estate, free portion only”).
Child received donation during lifetime	Still subject to collation toward legitime	Express “collation-waiver” not effective against compulsory rules.
Disinheritance desired	Must allege cause + express mention; documentary evidence advisable	Incorporate notarial affidavit reciting facts (e.g., maltreatment).
Multiple wills (successive)	Earlier omissions may be cured in later will; but revocation presumed	Express “This will revokes all prior wills” + restate legitimes.
Estate planning with trusts	Trust must still deliver legitime when due	Identify compulsory heirs and carve out reserved portion in trust deed.

XI. Conclusion

Preterition serves as the Civil Code’s “reset button” whenever a will obliterates the statutory reserve for direct-line compulsory heirs. It strikes a calibrated balance: the will survives, but only after legitimes are first restored. Knowing when preterition occurs—and how to plead or prevent it—remains indispensable to Filipino estate planners and litigators alike. As jurisprudence shows, courts vigilantly police any deviation from legitime entitlements, even as they also strive to honor the testator’s remaining intentions.

Key Statutory Citations

Arts. 781-1016, 842, 846, 854, 886-909, 915-921, 960-1016, 1039-1045, Civil Code of the Philippines (Republic Act No. 386, as amended).

Select Philippine Commentaries

Tolentino, Civil Code Commentaries and Jurisprudence, Vols. III-IV
Paras, Civil Code of the Philippines Annotated, Vol. II
Reyes & Puno, An Outline of Philippine Civil Law, Succession

(All commentary references are to latest Philippine editions.)