Chapter 3. LEGAL OR INTESTATE SUCCESSION Article: Right of Representation in the collateral line (Art 1005) Case: GOVERNMENT ERV!

CE !N "RANCE # TEM $s C" TO%!O CRA '5( G)R) No) *+&'1,0 -an.ar/ &,0 11'1 2acts: Simeon Custodio, who during his lifetime was a member of the Retirement Insurance Fund administered by plaintiff Government Service Insurance System, died intestate at Tanay, Rizal, on February !, "#$% &e was survived by his only sister, Susana Custodio and his nephews and nieces, namely Romualdo, 'ulian, (acario )%, (oises, (acario, C%, )driano, Celestina, *uisa and +avid, all surnamed Custodio% )fter his death, there was found among his personal belongings an undated and unsigned application form for Retirement accomplished by the deceased himself wherein his sister, Susana was named the beneficiary, although said application form was never submitted to the Government Service Insurance System% &is nieces and nephews te,ecuted a document entitled -.,tra 'udicial Settlement of .state )mong &eirs/ which provides, among other things that -0c1 For any amount due the decedent, holder of GSIS policy 2o% $3##$, our )unt Susana Custodio as the decedent/s only living sister, is hereby recognized by the aforementioned heirs as the sole and only beneficiary of the decedent, and giving unto our )unt Susana Custodio the right to file, sign and receive whatever retirement pay under Republic )ct !!4, as amended by Rep% )cts 2os% $56 and 53, and other amendments thereto-%They wrote a letter to the (anager of the Government Service Insurance System stating, among other things that they -inadvertently signed on 'uly $, "#$, without properly having understood, a document whereby it was made to appear therein that the aforementioned persons are waiving their claim on the benefits legally accruing to the aforementioned deceased-% !ss.e: 7hether or not, by virtue of representation in the collateral line, the heirs who have actually signed the deed of partition, and who have been allocated properties therein is valid8 3el4: 2o% The circumstances now stressed by the heirs who have actually signed the deed of partition, and who have been allocated properties therein, fall short of evidencing fraud or mista9e% The failure to secure the signatures of *uisa, +avid, and (acario Custodio could not have escaped their co:heirs, now appellants, and it is unfair to lay blame therefor on Susana Custodio% )rticle 44# remains applicable with the case at bar having this honourable court;s decision to grant that (acario C% Custodio be declared entitled to a share of one:fourth 0 <=1, and *uisa Custodio and +avid Custodio to a share of one:twenty:fourth 0 <5=1 each, of the retirement benefits% (empin, Twin9le (% **> III:) &'

(empin, Twin9le (% **> III:)