Ureta v.

Ureta
G.R. No. 165784 | September 14, 2011

Topic: Preterition

Facts: One Francisco, suggested that in order to reduce the

inheritance taxes, their father should make it appear that he sold some of
his lands to his children and as such, Alfonso executed 4 Deeds of Sale in
favor of Policronio, Liberato, Prudencia, and common law wife Valeriana
Dela Cruz. When Alfonso died, except for a portion of parcel 5, the rest of
the parcels transferred to Policronio were never turned over to him.
Instead, these were turned over to the administrators of Alfonsos estate.
Subsequently, Alfonsos heirs executed a Deed of Extrajudicial Partition,
which included all the lands covered by the 4 deeds of sale executed by
Alfonso for tax purposes. When the heirs of Policronio learned about the
EJP involving Alfonsos estate, the Conrado, rep. of Policronio heirs avers
that he did not understand the partitions terms when he signed it which
excludes them, they sought to amicably settle the matter with the rest of
the heirs of Alfonso. The Deed of EJP was declared valid by the RTC as all
were represented and received equal shares and all the requirements of a
valid EJP were met. CA annulled EJP and held that Conrado lacked the
legal capactiy to give the consent of his co-heirs.

Issue: WON there is a preterition.

Held: NO. The heirs of Alfonso were of the position that the absence
of the Heirs of Policronio in the partition or the lack of authority of their
representative results, at the very least, in the preterition and not the
invalidity of the entire deed of partition. They argue that remanding the
case to determine proper inheritance is no longer necessary since the
issue is purely legal. Conrado then, according to them, should just fully
account for what he received and deliver to his co-heirs their respective
shares in the inheritance.This cannot be given credence at all. Their
posited theory on preterition is no longer viable. Preterition has been
defined as the total omission of a compulsory heir from the disinheritance.
It consists in the silence of the testator with regard to a compulsory heir,
omitting him in the testatment, either by not mentioning him at all, or by not
giving him anything in the hereditary property buy without expressly
disinheriting him, even if he is mentioned in the will in the latter case
Thus, PRETERITION IS A CONCEPT OF TESTAMENTARY
SUCCESSION. In the absence of a will, there can be no preterition.