G.R. No. L-41971, 29 November 1983, 126 SCRA 122


Bienvenido and Emeteria filed an action for recognition against Melita Solano Meliton died during the pendency of the petition and his daughter substituted him while asking for the probate of the will of the decedent. RTC specified the legal issues as 1) the recognition of Garcias, 2) correct status of Zonia, 3) the hereditary share of each of them in view of the probated will. In deciding, RTC declared Garcias as illegitimate children of late Meliton; the institution of Sonia as sole heir declared null and void, the 3 children shall share equally the estate CA affirmed.


Whether or not total intestacy resulted from the declaration that the institution of sole heir from decedents will.


That being compulsory heirs, the Garcias were preterited from Meliton’s will, and as a result, Sonia’s institution as sole heir is null and void pursuant to 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 xxx

The intention of the decedent is to favor Sonia with certain portions of his property which the testator had the right to such so that it should be upheld as to the one-half portion of the property that the testator could freely dispose of Sonia’s share is hereby declared to be 4/6 of the estate and Garcias 1/6 each. The usufruct in favor of will should not be invalidated all together.

*Case digest by Lindsay Arra Calapiz, LLB-4, Andres Bonifacio Law School, SY 2018-2019