OFELIA HERNANDO BAGUNU, petitioner, vs. PASTORA PIEDAD, respondent.

FACTS: On Aug 1995, Bagunu moved to intervene in the Intestate Proceedings of the Estate of
Augusto Piedad asserting entitlement to a share of the estate of Augusto which the trial court with
finality, had awarded in its entirety to Pastora Piedad, contending that the proceedings were
tainted with procedural infirmities, including an incomplete publication of the notice of hearing,
lack of personal notice to the heirs and creditors, and irregularity in the disbursements of
allowances and withdrawals by the administrator of the estate.
Respondent is the maternal aunt of the decedent, a third-degree relative of the decedent, while
petitioner is the daughter of a first cousin of the deceased, or a fifth-degree relative of the
decedent.
Augusto died without direct descendants nor ascendants.
ISSUE: can petitioner, a collateral relative of the fifth civil degree, inherit alongside
respondent, a collateral relative of the third civil degree? Elsewise stated, does the
rule of proximity in intestate succession find application among collateral relatives?
RULING: The rule on proximity is a concept that favors the relatives nearest in degree to the
decedent and excludes the more distant ones except when and to the extent that the right of
representation can apply.
By right of representation, a more distant blood relative of a decedent is, by operation of law,
"raised to the same place and degree" of relationship as that of a closer blood relative of the same
decedent. The representative thereby steps into the shoes of the person he represents and
succeeds, not from the latter, but from the person to whose estate the person represented would
have succeeded.
In the direct line, right of representation is proper only in the descending, never in the ascending,
line. In the collateral line, the right of representation may only take place in favor of the children of
brothers or sisters of the decedent when such children survive with their uncles or aunts.
The right of representation does not apply to "other collateral relatives within the fifth civil
degree" (to which group both petitioner and respondent belong) who are sixth in the order of
preference following,
firstly, the legitimate children and descendants,
secondly, the legitimate parents and ascendants,
thirdly, the illegitimate children and descendants,
fourthly, the surviving spouse, and
fifthly, the brothers and sisters/nephews and nieces, of the decedent.
Among collateral relatives, except only in the case of nephews and nieces of the decedent
concurring with their uncles or aunts, the rule of proximity, expressed in Article 962, aforequoted,
of the Code, is an absolute rule. In determining the degree of relationship of the collateral relatives
to the decedent, Article 966 of the Civil Code gives direction.
"Article 966. x x x
"In the collateral line, ascent is made to the common ancestor and then descent is made to the
person with whom the computation is to be made. Thus, a person is two degrees removed from his
brother, three from his uncle, who is the brother of his father, four from his first cousin and so
forth."
Accordingly, respondent, being a relative within the third civil degree, of the late Augusto H.
Piedad excludes petitioner, a relative of the fifth degree, from succeeding ab intestato to the
estate of the decedent.
Petition is denied.

Delgado vs. Rustia

FACTS: Guillermo Rustia and Josefa Delgado died without a will. The claimants of their estates may
be divided into two groups:
(1) the alleged heirs of Josefa Delgado, consisting of her half- and full-blood siblings, nephews and
nieces, and grandnephews and grandnieces, and
(2) the alleged heirs of Guillermo Rustia, particularly, his sisters, his nephews and nieces, his
illegitimate child, and the de facto adopted child (ampun-ampunan) of the decedents.
The Alleged Heirs of Josefa Delgado
The deceased Josefa Delgado was the daughter of Felisa Delgado by one Lucio Campo. Aside from
Josefa, five other children were born to the couple, namely, Nazario, Edilberta, Jose, Jacoba, and
Gorgonio, all surnamed Delgado. Felisa Delgado was never married to Lucio Campo, hence, Josefa
and her full-blood siblings were all natural children of Felisa Delgado. However, Lucio Campo was
not the first and only man in Felisa Delgados life. Before him was Ramon Osorio with whom Felisa
had a son, Luis Delgado.
The Marriage of Guillermo Rustia and Josefa Delgado
Guillermo Rustia proposed marriage to Josefa Delgado but whether a marriage in fact took place is
disputed. Several circumstances give rise to the presumption that a valid marriage existed
between Guillermo Rustia and Josefa Delgado. Their cohabitation of more than 50 years cannot be
doubted.
The Alleged Heirs of Guillermo Rustia
Guillermo Rustia and Josefa Delgado never had any children but they took into their home the
youngsters Guillermina Rustia Rustia and Nanie Rustia. These children, never legally adopted by
the couple, were what was known in the local dialect as ampun-ampunan. During his life with
Josefa, however, Guillermo Rustia did manage to father an illegitimate child, the intervenorrespondent Guillerma Rustia, with one Amparo Sagarbarria.
ISSUES:
1.Who are the lawful heirs of Josefa Delgado?
2.Whether or not the grandnephews and grandnieces of Josefa Delgado can inherit by right of
representation?
3.Who are the lawful heirs of Guillermo Rustia?
RULING:
1. The Lawful Heirs of Josefa Delgado
It was found out that Felisa Delgado and Ramon Osorio were never married. Hence, all the children
born to Felisa Delgado out of her relations with Ramon Osorio and Lucio Campo, namely, Luis and
his half-blood siblings Nazario, Edilberta, Jose, Jacoba, Gorgonio and the decedent Josefa, all
surnamed Delgado, were her natural children.
The above-named siblings of Josefa Delgado were related to her by full-blood, except Luis Delgado,
her half-brother. Nonetheless, since they were all illegitimate, they may inherit from each other.
Accordingly, all of them are entitled to inherit from Josefa Delgado.
However, the petitioners in this case are already the nephews, nieces, grandnephews and
grandnieces of Josefa Delgado. Under Article 972 of the new Civil Code, the right of representation

in the collateral line takes place only in favor of the children of brothers and sisters (nephews and
nieces). Consequently, it cannot be exercised by grandnephews and grandnieces. Therefore, the
only collateral relatives of Josefa Delgado who are entitled to partake of her intestate estate are
her brothers and sisters, or their children who were still alive at the time of her death on
September 8, 1972. They have a vested right to participate in the inheritance. The records not
being clear on this matter, it is now for the trial court to determine who were the surviving
brothers and sisters (or their children) of Josefa Delgado at the time of her death. Together with
Guillermo Rustia, they are entitled to inherit from Josefa Delgado in accordance with Article 1001
of the new Civil Code:
Should brothers and sisters or their children survive with the widow or widower, the latter shall be
entitled to one-half of the inheritance and the brothers and sisters or their children to the other
one-half.
2. The Lawful Heirs of Guillermo Rustia
Guillerma Rustia is an illegitimate child of Guillermo Rustia. As such, she may be entitled to
successional rights only upon proof of an admission or recognition of paternity. She failed to
present authentic proof of recognition. Together with Guillermina Rustia Rustia, they were held
legal strangers to the deceased spouses and therefore not entitled to inherit from them ab
intestato.
Under Article 1002 of the new Civil Code, if there are no descendants, ascendants, illegitimate
children, or surviving spouse, the collateral relatives shall succeed to the entire estate of the
deceased. Therefore, the lawful heirs of Guillermo Rustia are the remaining claimants, consisting
of his sisters, nieces and nephews.
Therefore, the intestate estate of Guillermo Rustia shall inherit half of the intestate estate of Josefa
Delgado. The remaining half shall pertain to (a) the full and half-siblings of Josefa Delgado who
survived her and (b) the children of any of Josefa Delgados full- or half-siblings who may have
predeceased her, also surviving at the time of her death. Josefa Delgados grandnephews and
grandnieces are excluded from her estate. The trial court is hereby ordered to determine the
identities of the relatives of Josefa Delgado who are entitled to share in her estate.
Guillermo Rustias estate (including its one-half share of Josefa Delgados estate) shall be inherited
by Marciana Rustia vda. de Damian and Hortencia Rustia Cruz (whose respective shares shall be
per capita) and the children of the late Roman Rustia, Sr. (who survived Guillermo Rustia and
whose respective shares shall be per stirpes). Considering that Marciana Rustia vda. de Damian
and Hortencia Rustia Cruz are now deceased, their respective shares shall pertain to their estates.