IRIS MORALES,
Petitioner,
Present:
CARPIO, J., Chairperson,
BRION,
DEL CASTILLO,
MENDOZA, and
LEONEN, * JJ.
- versus -
2016
~~~
x----------------------------------------------------------------------------------------x
DECISION
BRION,J.:
This is a petition for review on certiorari filed by Iris Morales from
the May 27, 2011 decision and October 12, 2011 resolution of the Court of
Appeals (CA) in CA-G.R. SP No. 102358. 1 The CA denied Morales'
petition for certiorari from the Regional Trial Court's (RTC) July 12, 2007
and October 30, 2007 orders in SP. Proc. No. 03-0060 and SP. Proc. No.
03-0069.2
Antecedents
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 0. Olondriz, Jr., Alejandro Marino 0. Olondriz,
On Leave.
Both penned by Associate Justice Danton Q. Bueser and concurred in by Associate Justices Hakim
S. Abdulwahid and Ricardo R. Rosario. Rollo, pp. 23-33.
2
RTC, Las Pifias City, Branch 253 through Presiding Judge Salvador V. Timbang, Jr. Rollo, pp.
130-134.
Decision
2.
Rollo, p. 34.
Decision
Decision
4
5
Id. at 28.
Nuguid v. Nuguid, G.R. No. L-23445, June 23, 1966, 17 SCRA 449, 454, citing VI Manresa,
Commentarios al Codigo Civil Espaol, 7th Ed. (1951), p. 424; Aznar v. Duncan, G.R. No. L24365, 17 SCRA 590, 595, citing VI Manresa, p. 428.
Decision
Preterition requires that the omission is total, meaning the heir did not also
receive any legacies, devises, or advances on his legitime.6
In other words, preterition is the complete and total omission of a
compulsory heir from the testators inheritance without the heirs express
disinheritance.
Article 854 of the Civil Code states the legal effects of preterition:
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)
Nuguid, id. at 454; see also Aznar, supra note 5, citing Sanchez Roman Tomo VI, Vol. 2, p.
1133.
Nuguid, id. at 459.
Decision
Decision
and hostility. Morales failed to show that the RTC acted in such a capricious
and despotic manner that would have warranted the CA's grant of her
petition for certiorari. On the contrary, the RTC acted appropriately in
accordance with the law and jurisprudence.
WHEREFORE, the petition is DISMISSED. Costs against the
petitioner.
SO ORDERED.
(j}IUM{).~
ARTURO D. BRION
Associate Justice
WE CONCUR:
ANTONIO T. CARPIO
Associate Justice
Chairperson
....
""'~~llllS'~~~.;
JOSE
C~ENDOZA
AJJ~~;Jdstice
(On Leave)
MARVIC M.V.F. LEONEN
Associate Justice
ATTESTATION
I attest that the conclusions in the above Decision had been reached in
consultation before the case was assigned to the writer of the opinion of the
Court's Division.
ANTONIO T. CARPIO
Associate Justice
Chairperson
Decision
CERTIFICATION