There is no preterition in your situation precisely because there is no total omission. Preterition requires that the omission is total, meaning the heir did not also receive any legacies, devises, or advances on his legitime. “In other words, preterition is the complete and total omission of a compulsory heir from the testator’s inheritance without the heir’s express disinheritance. The act of totally depriving a compulsory heir of his legitime can take place either expressly or tacitly. x x x In order that there be preterition, it is essential that the heir must be totally omitted.

Source: Manila Times May 18, 2021 16:07 UTC