Preterition vs disinheritance

Preterition vs disinheritance "I am a legally adopted child of Mama Arlyn (single), who died in 2010. I landed a job abroad after my graduation from college in 2001, so I left her alone in her house. Since Mama Arlyn had no living immediate family to accompany her, she decided to move to the house of her friend Christy and she stayed there until her demise. I immediately returned to my work abroad after Mama Arlyn’s burial. In 2012, I was informed by my Aunt Juliana that Christy occupied Mama Arlyn’s house. Allegedly, Christy claimed that Mama Arlyn left a will giving her the whole property. I told this story to my friend Lilibeth and she informed me that I was disinherited. Aunt Juliana obtained a copy of the will, and she said that the will only failed to state that I will inherit Mama Arlyn’s property. Kindly guide me on this matter. FeDear Fe, A legally adopted child like you shall be considered as a legitimate child of the adopter, and is entitled to all the rights and obligations provided by law to a legitimate son or daughter. This is in accordance with Section 17 of Republic Act 8552 otherwise known as the “Domestic Adoption Act of 1998”. Relative thereto, Section 18 of same law states:“In legal and intestate succession, the adopter(s) and the adoptee shall have reciprocal rights of succession without distinction from legitimate filiation. However, if the adoptee and his/her biological parent(s) had left a will, the law on testamentary succession shall govern.” You mentioned of two issues in your letter and these are preterition and disinheritance. Preterition and disinheritance were expounded by the court in the case of Rafael Maninang and Soledad Maninang vs. Court of Appeals, Ricardo Pronove Jr., and Bernardo Aseneta, (GR L-57848, June 19, 1982), where the Supreme Court through former Associate Justice Ameurfina Melencio Herrera stated:“... Preterition ‘consists in the omission in the testator’s will of the forced heirs or anyone of them, either because they are not mentioned therein, or, though mentioned, they are neither instituted as heirs nor are expressly disinherited.’ (Neri vs. Akutin, 72 Phil. 325). Disinheritance, in turn, ‘is a testamentary disposition depriving any compulsory heirs of his share in the legitimate for a cause authorized by law.’ (Justice JBL Reyes and RC Puno, An Outline of Philippine Civil Law, 1956 ed., Vol. 3, p. 8, citing cases) Disinheritance is always ‘voluntary,’ preterition upon the other hand, is presumed to be ‘involuntary’ (Sanchez Roman, Estudios de Derecho Civil, 2nd edition, Volume 2.o p. 1131). The effects of preterition and disinheritance are also totally different.“... Preterition under Article 854 of the New Civil Code shall annul the institution of heir. This annulment is in toto, unless in the wall there are, in addition, testamentary dispositions in the form of devises or legacies. In ineffective disinheritance under Article 918 of the same Code, such disinheritance shall also ‘annul the institution of heirs’, but only ‘insofar as it may prejudice the person disinherited,’ which last phrase was omitted in the case of preterition (III Tolentino, Civil Code of the Philippines, 1961 Edition, p. 172). Better stated yet, in disinheritance the nullity is limited to that portion of the estate of which the disinherited heirs have been illegally deprived.”Applying the above cited decision in your situation, you are deemed to have been preterited considering that Arlyn’s will totally omitted you who shall inherit from her. Thus, the institution of Christy in said will is annulled, and the rule on intestate succession applies, wherein you as a legitimate child/adopted child will succeed your parent pursuant to Article 979 of the New Civil Code of the Philippines, which states:“Article 979. Legitimate children and their descendants succeed the parents and other ascendants, without distinction as to sex or age, and even if they should come from different marriages.” We hope that we were able to answer your queries. This advice is based solely on the facts you have narrated and our appreciation of the same. Our opinion may vary when other facts are changed or elaborated.Editor’s note: Dear PAO is a daily column of the Public Attorney’s Office. Questions for chief Acosta may be sent to " - https://www.affordablecebu.com/