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Bicomong vs Almanza

(Note: This is a case of half-blood nephews and nieces claiming from the estate of a
half-blood aunt. Greens vs Yellows; all those in white are dead.)
Guerrero, J.

Simeon Bagsic was married twice.

His first marriage was to Sisenanda Barcenas with whom he had 3 children:
Perpetua, Igmedia and Ignacio. Sisenanda Barcenas died ahead of Simeon

His second marriage was to Silvestria Glorioso with whom he had 2 children:
Felipa and Maura. Silvestria and Simeon both died.

From first marriage:

o Ignacio Bagsic died and leaving plaintiff Francisca Bagsic as his only heir.
Igmedia Bagsic also died survived by plaintiffs Dionisio, Maria and Petra,
all Tolentino. Perpetua Bagsic died survived by the plaintiffs Gaudencio,
Felicidad, Salome, and Gervacio, all Bicomong.

From second marriage:

o Maura Bagsic died leaving no heir. Felipa Bagsic married Geronimo
Almanza. She died and was survived by her husband defendant Geronimo
Almanza, her daughter Cristeta Almanza. Cristeta died survived by her
husband defendant Engracio Manese.

The subject matter of the complaint concerns the one-half undivided share of
Maura Bagsic in five (5) parcels of land which she inherited from her deceased
mother, Silvestra Glorioso (second marriage).

After the death of Maura, the subject properties were administered by her niece
Cristeta. The plaintiffs requested the partition of the properties but Cristeta
convinced them to wait until the expenses for Mauras illness and burial have
been paid. After all the debts have been paid, Cristeta agreed to the request but
she died before the partition was effected.

The possession and administration of the properties were left to Cristetas father
and Cristetas husband, defendants Geronimo Almanza and Engracio Manese,
respectively. Defendant Geronimo Almanza died and was substituted by
Florentino Cartena.

The grandchildren from the first marriage brought suit for the recovery of their
lawful shares in the properties left by Maura Bagsic.

The trail court found for the plaintiffs awarding them 10/24 share on the five
parcels of land. (Guys, the case says there are 10 half-nephews/nieces but only
8 were named. Sorry.)

Engracio Manese did not appeal so the ruling became final as to him. Florentino
Cartena, substitute of Geronimo Almanza appealed to the CA. The CA referred
the case to the Supreme Court.

Issue: Whether or not the heirs of the half blood brothers and sisters are able to inherit
from the estate left by a half-sister.

Held: Yes. They inherit in their own right and not by representation.
Articles 975, 1006 and 1008 are applicable in this case.
By virtue of said provision, the aforementioned 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
Art. 975. When children of one or more brothers or sisters of tile deceased
survive, they shall inherit from the latter by representation, if they survive with
their uncles or aunts. But if they alone survive, they shall inherit in equal

Felipa, the full-blood sister predeceased the decedent Maura which means that only
nephews and nieces are claiming inheritance in this case. In Art 975, the sole niece of
whole blood (Cristeta) of the deceased does not exclude the ten nephews and nieces of
half blood.
The only difference between the whole and half blood relatives is in the amount of their
shares provided in Arts 1006 and 1008:
Art. 1006. Should brothers and sisters of the full blood survive together with
brothers and sisters of the half blood, the former shall be entitled to a share
double that of the latter.
Art. 1008. Children of brothers and sisters of the half blood shall succeed per
capita or per stirpes, in accordance with the rules laid down for brothers and
sisters of the full blood.