GR L 19382; (August, 1965) (Digest)
G.R. No. L-19382; August 31, 1965
IN RE SUMMARY SETTLEMENT OF THE ESTATE OF MELODIA FERRARIS. FILOMENA ABELLANA DE BACAYO, petitioner-appellant, vs. GAUDENCIA FERRARIS DE BORROMEO, CATALINA FERRARIS DE VILLEGAS, JUANITO FERRARIS and CONCHITA FERRARIS, oppositors-appellees.
FACTS
Melodia Ferraris, a resident of Cebu City and later Intramuros, Manila, had not been heard from since 1944. More than ten years later, she was declared presumptively dead for purposes of settling her estate, which consisted of a one-third share in another estate valued at approximately P6,000.00. She left no direct descendants, ascendants, or spouse. The surviving collateral relatives were: (1) Filomena Abellana de Bacayo, the decedent’s aunt (half-sister of Melodia’s father, Anacleto Ferraris); and (2) Gaudencia, Catalina, Conchita, and Juanito, all surnamed Ferraris, the decedent’s nieces and nephew (children of Melodia’s predeceased full brother, Arturo Ferraris). Both sets of heirs claimed to be the nearest intestate heirs. The trial court, in the summary settlement proceedings, excluded the aunt (Filomena Abellana de Bacayo) in favor of the nieces and nephew.
ISSUE
Who should inherit the intestate estate of the deceased when survived only by collateral relatives, specifically an aunt and the children of a predeceased brother? Does the aunt concur with the nieces and nephew in the inheritance, or is she excluded by them?
RULING
The nieces and nephew of the decedent (children of the predeceased brother) exclude the aunt from the inheritance. Under the laws of intestate succession, specifically Articles 1001, 1004, 1005, and 1009 of the New Civil Code, the absence of brothers, sisters, nephews, and nieces is a precondition for other collaterals (such as uncles and aunts) to be called to the succession. While the aunt and the nieces/nephew are both three degrees removed from the decedent in the collateral line, and while the nieces and nephew do not inherit by right of representation in this instance (as they are not concurring with any uncle or aunt of the decedent per Article 975), they nevertheless inherit in their own right and to the exclusion of other collaterals. The trial court’s decision excluding the petitioner-appellant aunt was affirmed.