G.R. No. L-2599

FACTS:
Ramon Iturralde y Gonzalez died intestate. Maria Juana Ugarte e Iturralde, the legitimate niece of the deceased (daughter of Ramon’s sister), was judicially declared his heir in 1901. Later, Carmen Linart y Pavia, the legitimate grandniece of the deceased (daughter of Pablo Linart, who was a son of another sister of Ramon), filed a claim for one-half of the estate. She asserted a right to inherit by representation of her predeceased father, arguing she should share equally with the niece, Maria Juana. The Court of First Instance ruled in favor of Carmen Linart, holding she had an equal right to the inheritance. Maria Juana appealed.

ISSUE:
In an intestate succession, does a grandniece (relative in the third degree) have the right to inherit ab intestato concurrently with a niece (relative in the second degree) by virtue of the right of representation?

RULING:
No. The Supreme Court reversed the lower court’s decision.
1. Under the Civil Code, the relative nearest in degree excludes the more distant (Article 921).
2. The right of representation in the collateral line applies only in favor of the children of brothers or sisters of the deceased (Article 925). It does not extend to more remote descendants such as grandchildren of siblings (e.g., grandnephews or grandnieces).
3. Carmen Linart, as a grandniece, is a relative in the third degree, while Maria Juana Ugarte is a niece in the second degree. The nearer relative (the niece) excludes the more distant one (the grandniece).
4. Representation would only have been possible if Carmen Linart’s father, Pablo Linart (a nephew), had survived the deceased. In that case, Pablo would have inherited alongside his cousin Maria Juana, and Carmen could then represent her father upon his death. Since Pablo predeceased the intestate, no right of representation in his favor arose for his daughter.
5. The Spanish jurisprudence cited by the appellee, which broadly interprets “children” to include “grandchildren,” is inapplicable as it pertains to testamentary succession where the testator’s intent governs, not to intestate succession where the strict letter of the law applies.

DISPOSITIVE:
The judgment of the lower court is reversed. Carmen Linart y Pavia has no right to succeed the deceased Ramon Iturralde y Gonzalez concurrently with Maria Juana Ugarte e Iturralde. The injunction issued by the Court of First Instance is dissolved.