Short answer. No. Under Article 854 of the Civil Code, if the omitted compulsory heir died before the testator, the institution of heirs in the will remains fully effective. The preterition problem disappears when the omitted person predeceases the testator, and the named heirs inherit as written.
What the law says
If the omitted compulsory heirs should die before the testator, the institution shall be effectual, without prejudice to the right of representation.
Civil Code, Article 854 — Preterition. Read the full provision →
What preterition normally does
Under Article 854, omitting a compulsory heir in the direct line — children, grandchildren, parents — annuls the institution of heirs in the will. The devises and legacies survive, but the general designation of who inherits the estate is wiped out, and the estate is distributed as if there were no will for that portion. This is a drastic remedy designed to protect the people the law says a testator cannot ignore.
The predeath exception changes everything
Article 854 contains a critical saving clause: "If the omitted compulsory heirs should die before the testator, the institution shall be effectual." Once the omitted heir predeceases the testator, the legal justification for annulling the institution no longer exists. There is no living person whose forced-heir rights were violated. The will operates exactly as written, and the heirs named by your father inherit the estate according to his wishes.
What about your sibling's own children?
The exception in Article 854 is expressly made "without prejudice to the right of representation." This means that if your deceased sibling left children of their own, those grandchildren of the testator may step into their parent's place and claim the share your sibling would have received. The institution of heirs remains standing, but the grandchildren's legitime is still protected through representation. Whether representation actually applies depends on whether there are legitimate or acknowledged descendants of the omitted sibling.
Why this matters for estate settlement
In practical terms, if your sibling died before your father and the will otherwise names the remaining heirs properly, the estate can proceed under the terms of the will. The institution is not void. However, if your sibling had children, those children should be identified and their share as representatives properly computed before any partition is finalized. Overlooking them could expose the settlement to a future challenge. An estate attorney can help confirm whether representation applies and what share those grandchildren may be entitled to claim.
Cases citing this provision
These Supreme Court decisions cite the provision above. We list them so you can read them yourself; the summaries of what each decided are not ours to give.
- Nelfa Delfin Trinidad, et al. vs. Salvador G. Trinidad, et al, G.R. No. 254695, December 6, 2023 — read the decision on LawPhil →
- Flora L. Tubera-balintec vs. Heirs of Cesar L. Tubera, G.R. No. 235701, February 15, 2023 — read the decision on LawPhil →
- Araceli Mayuga vs. Antonio Atienza, G.R. No. 208197, January 10, 2018 — read the decision on LawPhil →
- Iris Morales vs Ana Maria Olondriz, et al, G.R. No. 198994, February 3, 2016 — read the decision on LawPhil →