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    Morales Vs Olondriz

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    Adrian Cabana
    This case involves the will of Alfonso Juan P. Olondriz, Sr. who died in 2003. His will omitted his illegitimate son Francisco Javier Maria Bautista Olondriz. The respondent heirs argued the omission of Francisco as a preterited heir should invalidate the entire will and result in intestate succession. The Supreme Court ruled that under Article 854 of the Civil Code, the preterition of a compulsory heir like Francisco annuls the institution of heirs. However, any devises or legacies in the will remain valid as long as they do not impair the legitimate shares of the heirs.

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    © All Rights Reserved
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    Morales Vs Olondriz

    Uploaded by

    Adrian Cabana
    344 views2 pages
    This case involves the will of Alfonso Juan P. Olondriz, Sr. who died in 2003. His will omitted his illegitimate son Francisco Javier Maria Bautista Olondriz. The respondent heirs argued the omission of Francisco as a preterited heir should invalidate the entire will and result in intestate succession. The Supreme Court ruled that under Article 854 of the Civil Code, the preterition of a compulsory heir like Francisco annuls the institution of heirs. However, any devises or legacies in the will remain valid as long as they do not impair the legitimate shares of the heirs.

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    Morales vs Olondriz

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    This case involves the will of Alfonso Juan P. Olondriz, Sr. who died in 2003. His will omitted his illegitimate son Francisco Javier Maria Bautista Olondriz. The respondent heirs argued the omission of Francisco as a preterited heir should invalidate the entire will and result in intestate succession. The Supreme Court ruled that under Article 854 of the Civil Code, the preterition of a compulsory heir like Francisco annuls the institution of heirs. However, any devises or legacies in the will remain valid as long as they do not impair the legitimate shares of the heirs.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    344 views2 pages

    Morales Vs Olondriz

    Uploaded by

    Adrian Cabana
    This case involves the will of Alfonso Juan P. Olondriz, Sr. who died in 2003. His will omitted his illegitimate son Francisco Javier Maria Bautista Olondriz. The respondent heirs argued the omission of Francisco as a preterited heir should invalidate the entire will and result in intestate succession. The Supreme Court ruled that under Article 854 of the Civil Code, the preterition of a compulsory heir like Francisco annuls the institution of heirs. However, any devises or legacies in the will remain valid as long as they do not impair the legitimate shares of the heirs.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
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    Cabana, Adrian C.

    Doctrine : Preterition

    Case Title : IRIS MORALES, Petitioners, v. ANA MARIA OLONDRIZ


    Et.,al G.R. No. 198994, February 03, 2016

    Facts

    Alfonso Juan P. Olondriz, Sr. (the decedent) died on June 9, 2003. He


    was survived by his widow, Ana Maria Ortigas de Olondriz, and his children:
    Alfonso Juan O. Olondriz, Jr., Alejandro Marino O. Olondriz, Isabel Rosa O.
    Olondriz, Angelo Jose O. Olondriz, and Francisco Javier Maria Bautista
    Olondriz. His widow and children are collectively referred to as the respondent
    heirs.

    Believing that the decedent died intestate, the respondent heirs filed a
    petition with the Las Piñas RTC for the partition of the decedent's estate and
    the appointment of a special administrator on July 4, 2003. The case was
    raffled to Branch 254 and docketed as Sp. Proc. Case No. SP-03-0060.

    However, on July 28, 2003, Iris Morales filed a separate petition with the
    RTC alleging that the decedent left a will dated July 23, 1991. Morales prayed
    for the probate of the will and for her appointment as special administratrix.

    Notably, the will omitted Francisco Javier Maria Bautista Olondriz, an


    illegitimate son of the decedent.

    On January 6, 2004, the respondent heirs moved to dismiss the probate


    proceedings because Francisco was preterited from the will.

    Issue

    Whether or not the pretiration of one of the compulsory heirs opens the
    inheritance to an intestate succession

    Ruling

    Preterition is the complete and total omission of a compulsory heir from


    the testator's inheritance without the heir's express disinheritance.
    Art. 854. 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 death of the testator, shall annul the institution of
    heir; but the devises and legacies shall be valid insofar as they are not
    inofficious.

    If the omitted compulsory heirs should die before the testator, the institution
    shall be effectual, without prejudice to the right of representation, (emphasis
    supplied).

    Under the Civil Code, the preterition of a compulsory heir in the direct line
    shall annul the institution of heirs, but the devises and legacies shall remain
    valid insofar as the legitimes are not impaired. Consequently, if a will does not
    institute any devisees or legatees, the preterition of a compulsory heir in the
    direct line will result in total intestacy.

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