HEIRS OF POLICRONIO M.

URETA, SR
vs.
HEIRS OF LIBERATO M. URETA
G.R. No. 165748 : September 14, 2011
MENDOZA, J.

Facts of the Case:

Sometime in October 1969, Alfonso and four of his children,

namely, Policronio, Liberato, Prudencia, and Francisco, met at the
house of Liberato. Francisco, who was then a municipal judge,
suggested that in order to reduce the inheritance taxes, their father
should make it appear that he had sold some of his lands to his
children. Accordingly, Alfonso executed four (4) Deeds of Sale
covering several parcels of land in favor of those four. The Deed of
Sale executed in favor of Policronio, covered six parcels of land, which
are the properties in dispute in this case. On April 19, 1989, Alfonsos
heirs executed a Deed of Extra-Judicial Partition, which included all
the lands that were covered by the four (4) deeds of sale. Believing
that the parcels of land belonged to their late father, and as such,
excluded from the Deed of Extra-Judicial Partition, the Heirs of
Policronio sought to settle the matter with the Heirs of Alfonso.

Issue of the Case:

Whether the Heirs of Policronio were disinherited.

Ruling of the Court:

The absence of the Heirs of Policronio in the partition or the

lack of authority of their representative results, at the very least, in
their preterition which consists in the silence of the testator with
regard to a compulsory heir, omitting him in the testament, either by
not mentioning him at all, or by not giving him anything in the
hereditary property but without expressly disinheriting him, even if
he is mentioned in the will in the latter case. In the case at bench,
there is no will involved. Preterition and Disinheritance both require
a will. Therefore there is no valid disinheritance.