Dear PAO,
Three months ago, my grandaunt, who was never married and who never had a child, died without leaving a will. She had two brothers, who both predeceased her. Her two brothers each bore a child, my father and my uncle. My father died five years ago, and I am his only child. Now that we are trying to settle my late grandaunt’s estate, my uncle insisted that I have no right over my grandaunt’s property, which leaves him as the sole heir. I would like to know if I have a right to inherit from my late grandaunt, alongside my uncle.
Kristina
Dear Kristina,
Please be informed that Articles 960, 962, and 972 of Republic Act (RA) 386, otherwise known as the “New Civil Code of the Philippines,” provide:
“Article 960. Legal or intestate succession takes place:
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“(1) If a person dies without a will, or with a void will, or one which has subsequently lost its validity… xxx
“Article 962. In every inheritance, the relative nearest in degree excludes the more distant ones, saving the right of representation when it properly takes place.
“Relatives in the same degree shall inherit in equal shares, subject to the provisions of article 1006 with respect to relatives of the full and half blood, and of article 987, paragraph 2, concerning division between the paternal and maternal lines. xxx
“Article 972. The right of representation takes place in the direct descending line, but never in the ascending.
“In the collateral line, it takes place only in favor of the children of brothers or sisters, whether they be of the full or half blood.”
Relatedly, in the case of Gertrudes De Los Santos vs. Maximo De La Cruz, GR L-29192, Feb. 22, 1971, through Associate Justice Julio Villamor, the Supreme Court ruled the following:
“The pivotal question is whether, in the premises, plaintiff-appellee is a heir of the decedent. We are convinced that she is not. Plaintiff-appellee being a mere grandniece of Pelagia de la Cruz, she could not inherit from the latter by right of representation.
“ART. 972. The right of representation takes place in the direct descending line, but never in the ascending.
“In the collateral line, it takes place only in favor of the children of brothers or sisters, whether they be of the full or half blood.
“Much less could plaintiff-appellee inherit in her own right.
“ART. 962. In every inheritance, the relative nearest in degree excludes the more distant ones, saving the right of representation when it properly takes place. … .
“Applying these two (2) provisions, this Court, in Linart y Pavia vs. Ugarte y Iturralde, 5 Phil., 176 (1905), said,
“… [I]n an intestate succession a grandniece of the deceased and not participate with a niece in the inheritance, because the latter being a nearer relative, the more distant grandniece is excluded. In the collateral line the right of representation does not obtain beyond sons and daughters of the brothers and sisters, which would have been the case if Pablo Linart, the father of the plaintiff, had survived his deceased uncle.
“In the present case, the relatives “nearest in degree” to Pelagia de la Cruz are her nephews and nieces, one of whom is defendant-appellant. Necessarily, plaintiff-appellee, a grandniece is excluded by law from the inheritance.”
Pursuant to the afore-mentioned provisions of the law, and considering that your grandaunt died without a will, the rules on legal or intestate succession apply. In every inheritance, the relative nearest in degree excludes the more distant ones, saving the right of representation only when it properly takes place, viz., in the direct descending and collateral lines. In the collateral line, however, the right of representation is limited to the children of brothers or sisters, whether they are of the full or half blood. In the afore-quoted decision of the Supreme Court, it was clearly stated that a grandniece who survived the decedent, alongside with the decedent’s nephews and nieces, is excluded by law from the inheritance.
In your case, two things are clear: that you cannot inherit by right of representation because, being in the collateral line from the decedent, the said right applies only in favor of the children of brothers or sisters of the decedent — which in your case, is limited to your father, the child of your deceased grandaunt’s sibling; and, that you are excluded from the inheritance because your uncle, who represented his deceased father, is the only surviving relative nearest in degree.
We hope that we were able to answer your queries. This advice is based solely on the facts you have narrated and our appreciation of the same. Our opinion may vary when other facts are changed or elaborated on.
Editor’s note: Dear PAO is a daily column of the Public Attorney’s Office. Questions for Chief Acosta may be sent to [email protected]
