CASE # 30

NERI V. AKUTIN
GR NO. L- 4799, MAY 21,1943

FACTS;
Agripino Neri left on his will all his property by universal title to his children on his
second marriage herein respondents, with omission of his children on his first marriage,
herein petitioners.
The omission of his heirs on his first marriage in the will was contemplated by the
testator with the belief that he had already given each of the children portion of the
inheritance, particularly a land he had abandoned and was occupied by the petitioners
over which registration was denied for it turned out to be a public land, and an
aggregate amount of money which the petitioners were indebted to their father.

ISSUE: Whether or not there is preterition?

HELD:
Yes. The court annulled of heirs and declared a total intestacy on the ground that the
testator left all his property by universal title to the children by his second marriage,
none of the children on the first marriage received their respective shares from the
testator’s property, without expressly disinheriting the children by his first marriage.
Even if clause 8 of the will is invoked (said clause states that the children by his first
marriage had already received their shares in hi property excluding what he had given
them as aid during their financial troubles and the money they had borrowed from him)
the court can rely only on the findings of the trial court that the inventory indicates that
the property of Neri has remained intact and that no portion has been given to the
children of the first marriage.
Disinheritance made without a statement of the cause, if contested shall annul the
institution of heirs in so far as it is prejudicial to the disinherited person.
This is a case of preterition which annuls the institution of heirs.