BICOMONG V ALMANZA

80 SCRA 421 November 29, 1977

The subject matter is the half undivided share of Maura Bagsic in 5 parcels
of land w/c she inherited from SilvestraGlorioso.
There are 3 sets of plaintiffs: the Bicomongs. The Tolentinos, and Francisca
Bagsic, for their shares in the properties of Maura Bagsic.
When Maura Bagsic died, the properties passed on to CristetaAlmanza, who
also died without division of the properties.
Trial court rendered judgment in favor of plaintiffs. Almanzas appealed to
CA. It was contended that since Maura died ahead of Felipa, Felipa
succeeded to Mauras estate, to the exclusion of the plaintiffs. They said the
relatives nearest in degree excludes the more distant ones.The plaintiffs
claim that Felipa died ahead of Maura. CA certified case to SC.

ISSUE:
Whether or not Maura is succeeded by Felipa to the exclusion of nephews
and nieces of half-blood.

HELD:
NO. In the absence of descendants, ascendants, illegitimate children, or
surviving spouse, collateral relatives succeed to the entire estate of
deceased. Since Maura died intestate and her husband and her ascendants
died ahead of her, she is succeeded by surviving collateral relatives, namely
the daughter of her sister of full blood and the children of her brother and
sisters of half blood, in accordance with Art 975 of New Civil Code.
The nephews and nieces are entitled to inherit in their own right. Nephews
and nieces alone do not inherit by right of representation (that is per stirpes)
unless concurring with brothers or sisters of the deceased. The contention
that Maura should be succeeded by Felipa to the exclusion of the nephews
and nieces of half-blood is erroneous. As it was shown, Felipa predeceased
her sister Maura.