Nelfa Delfin Trinidad v. Salvador G. Trinidad

Summary

This case involves a petition for probate of Wenceslao B. Trinidad's will that was challenged by his children from his first marriage on grounds of preterition. The testator's will bequeathed a Pico de Loro condominium unit to all his children equally, but evidence showed the property actually belonged to his niece Monique T. Toda, not to him. The lower courts dismissed the probate petition, finding that the children from the first marriage were preterited since they would receive nothing from the estate. The Supreme Court partially granted the petition, confirming preterition occurred but holding that other valid devises and legacies in the will should be respected insofar as they don't impair the legitimes of the preterited heirs. The case was remanded to determine whether existing bequests are excessive and need reduction. The decision clarifies that preterition doesn't automatically invalidate entire wills when valid legacies and devises exist, and establishes that Article 930 of the Civil Code voids bequests of property not belonging to the testator.