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The absence of brothers, sisters, nephews and nieces of the Nevertheless, in case of intestacy, nephews and nieces of the
decedent is a precondition to the other collaterals (uncles, de cujus exclude all other collaterals (aunts and uncles, first
cousins, etc.) being called to the succession. cousins, etc.) from the succession. This is readily apparent
from articles 1001, 1004, 1005, and 1009 of the Civil Code of
Decedent: Melodia Ferraris the Philippines, that provided as follows:
[NO Will] ● ART. 1001. Should brothers and sisters or their children
survive with the widow or widower, the latter shall be
Parties: entitled to one-half of the inheritance and the brothers
● Petitioner-appellant: Filomena Bacayo (decedent’s aunt and sisters or their children to the other half.
and half sister of decedent’s father) ● ART. 1004. Should the only survivors be brothers and
● Oppositor-appellees: Gaudencia Ferraris de Borromeo, sisters of the full blood, they shall inherit in equal shares.
Catalina Ferraris de Villegas, Juanito Ferraris, Conchita ● ART. 1005. Should brothers and sisters survive together
Ferraris (nieces and nephews of decedent) with nephews and nieces, who are the children of the
decedent's brothers and sisters of the full blood, the
FACTS: former shall inherit per capita, and the latter per stripes.
● Melodia Ferraris resided in Intramuros, Manila until ● ART. 1009. Should there be neither brothers nor sister
1944. nor children of brothers or sisters, the other collateral
● Up to the filing on December 22, 1960 of the petition for relatives shall succeed to the estate.
the summary settlement of her estate, she has not been
heard of and her whereabouts are still unknown. The latter shall succeed without distinction of lines or
● More than 10 years having elapsed since the last time preference among them by reason of relationship by the
she was known to be alive, she was declared whole blood.
presumptively dead for purposes of opening her
succession and distributing her estate among her heirs. Under the last article (1009), the absence of brothers, sisters,
● Melodia Ferraris left properties in Cebu City, consisting of nephews and nieces of the decedent is a precondition to the
one-third (1/3) share in the estate of her aunt, Rosa other collaterals (uncles, cousins, etc.) being called to the
Ferraris, valued at P6,000.00, more or less, and which succession.
was adjudicated to her in Special Proceeding No. 13-V of
the same court. DISPOSITIVE PORTION:
● Melodia Ferraris left no surviving direct descendant, We, therefore, hold, and so rule, that under our laws of
ascendant, or spouse, but was survived only by collateral succession, a decedent's uncles and aunts may not succeed
relatives, namely: ab intestato so long as nephews and nieces of the decedent
○ Decedent’s aunt survive and are willing and qualified to succeed.
○ Decedent’s nieces and nephew, who were the
children of Melodia's only brother of full blood, The decision appealed from, in so far as it conforms to this
Arturo Ferraris. rule, is hereby affirmed. No costs.
V. INTESTATE SUCCESSION Page 1 of 4
107. LEONARDO VS. CA of sale which Maria Cailles had subsequently executed in
GR No. 51263 his favor.
Date February 28, 1983 ● These properties were allegedly mortgaged to
Ponente: De Castro, J. respondent Rural Bank of Parañaque, Inc. sometime in
Digest Author: Lo September 1963.
Topic in the Syllabus: ISSUES: WON petitioner have a legal right to inherit? -- NO.
Intestate Succession
RULING:
Relevant Law: The filiation of a person may be looked into for the purpose
Art. 992. An illegitimate child has no right to inherit ab of determining his qualification to inherit from a deceased
intestato from the legitimate children and relatives of his person. Petitioner failed to prove filiation.
father or mother; nor shall such children or relatives inherit in
the same manner from the illegitimate child Failure to prove filiation:
The petitioner used birth certificate as evidence, however,
Doctrine: o name of the child described in the birth certificate is not
An alleged grandchild born outside wedlock cannot, by right that of the plaintiff but a certain ‘Alfredo Leonardo’ who was
of representation, claim a share of an estate left by an alleged born on September 13, 1938 to Sotero Leonardo and Socorro
deceased great grandparent. Timbol.
Decedent: Francisca Reyes - NO WILL o Other than his bare allegation, plaintiff did not submit any
durable evidence showing that the ‘Alfredo Leonardo’
Parties: mentioned in the birth certificate is no other than he himself.
Petitioner - CRESENCIANO LEONARDO
Respondents - MARIA CAILLES, JAMES BRACEWELL and EVEN if proven, he cannot still inherit,
RURAL BANK OF PARAÑAQUE, INC., Even if it is true that petitioner is the child of Sotero
Leonardo, still he cannot, by right of representation, claim a
FACTS: share of the estate left by the deceased Francisca Reyes
● Francisca Reyes who died intestate on July 12, 1942 was considering that, as found again by the Court of Appeals, he
survived by was born outside wedlock
○ two (2) daughters, Maria and Silvestra Cailles, and ● as shown by the fact that when he was born on
○ a grandson, Sotero Leonardo, the son of her September 13, 1938, his alleged putative father and
daughter, Pascuala Cailles who predeceased her. mother were not yet married, and
● Sotero Leonardo died in 1944, ● what is more, his alleged father’s first marriage was
● while Silvestra Cailles died in 1949 without any issue. still subsisting.
● On October 29, 1964, petitioner Cresenciano Leonardo,
claiming to be the son of the late Sotero Leonardo, filed At most, petitioner would be an illegitimate child who has no
a complaint for ownership of properties, sum of money right to inherit ab intestato from the legitimate children and
and accounting. relatives of his father, like the deceased Francisca Reyes.
● He seeks that the judgment
(1) to be declared one of the lawful heirs of the DISPOSITIVE PORTION:
deceased Francisca Reyes, entitled to one-half share WHEREFORE, the decision of the Court of Appeals sought to
in the estate of said deceased jointly with defendant, be reviewed in this petition is hereby affirmed, with costs
private respondent herein, Maria Cailles, against the petitioner.
(2) to have the properties left by said Francisca Reyes,
described in the complaint, partitioned between him SO ORDERED.
and defendant Maria Cailles, and
(3) to have an accounting of all the income derived from
said properties from the time defendants took
possession thereof until said accounting shall have
been made, delivering to him his share therein with
legal interest.
● Private respondent Maria Cailles -
○ asserted exclusive ownership over the subject
properties and
○ alleged that petitioner is an illegitimate child who
cannot succeed by right of representation.
● Private respondent James Bracewell, claimed that said
properties are now his by virtue of a valid and legal deed
We hold that the said bequest refers to the testator's nearest The Civil Code recognizes that a person may die partly testate
male relative living at the time of his death and not to any and partly intestate, or that there may be mixed succession.
indefinite time thereafter. The old rule as to the indivisibility of the testator's will is no
longer valid. Thus, if a conditional legacy does not take effect,
"In order to be capacitated to inherit, the heir, devisee or there will be intestate succession as to the property covered
legatee must be living at the moment the succession opens, by the said legacy (Macrohon Ong Ham vs. Saavedra, 51 Phil.
except in case of representation, when it is proper" (Art. 267).
1025, Civil Code).
DISPOSITIVE PORTION:
The said testamentary provisions should be sensibly or It should be understood that the parish priest of Victoria
reasonably construed. could become a trustee only when the testator's nephew
living at the time of his death, who desired to become a
To construe them as referring to the testator's nearest male priest, had not yet entered the seminary or, having been
relative at anytime after his death would render the ordained a priest, he was excommunicated. Those two
provisions difficult to apply and create uncertainty as to the contingencies did not arise, and could not have arisen, in this
disposition of his estate. That could not have been his case because no nephew of the testator manifested any
intention. intention to enter the seminary or ever became a priest. SO
ORDERED.
In 1935, when the testator died, his nearest legal heirs were
his three sisters or second degree relatives, Mrs. Escobar,
Mrs. Manaloto and Mrs. Quiambao.