ARTICLE 854.

The preterition or omission of proportionally from the shares of the other

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.
compulsory heirs.
- Whatever reduction that will be
suffered is only so far as the free
portion is concern
ARTICLE 856. A voluntary heir who dies before the testator
transmits nothing to his heirs.
A compulsory heir who dies before the testator, a person
incapacitated to succeed, and one who renounces the
inheritance, shall transmit no right to his own heirs except in
cases expressly provided for in this Code.

PRETERITION is the total omission

generally due to mistake or oversight by the
testator in his will of one, some or all of the
compulsory heirs in the direct line living at the
time of the testator’s death.

Requisites
1. Total omission in the inheritance
a. If a compulsory heir is not given any
share, although there is no express
disinheritance
b. If given a share no matter how small,
there is no preterition; or if he received a
donation; if he gets less than his legitime,
entitled to completion but not preterited

2. Must be of a compulsory heir

- legitimate or illegitimate compulsory
heirs of descendants or ascendants

3. The compulsory omitted must be a

compulsory heir
- Excluded surviving spouse
-
Effects of preterition
- Annua the will
- Although the institution of heirs is
annulled, the legacies and devises
shall remain valid insofar as they are
not inofficious.

ARTICLE 855. The share of a child or

descendant omitted in a will must first be
taken from the part of the estate not disposed
of by the will, if any; if that is not sufficient, so
much as may be necessary must be taken