Ofelia Hernando Bagunu v. Pastora Piedad

Summary

This case involved a dispute over intestate succession rights between collateral relatives of different degrees. Petitioner Ofelia Bagunu, a fifth-degree collateral relative, sought to intervene in intestate proceedings where respondent Pastora Piedad, a third-degree collateral relative, was awarded the entire estate of Augusto H. Piedad. The Court of Appeals dismissed the appeal as involving pure questions of law. The Supreme Court ultimately ruled that under the Civil Code's rule of proximity in intestate succession, relatives nearest in degree exclude more distant ones, and since the right of representation does not apply to collateral relatives beyond nephews and nieces, the third-degree relative (aunt) excludes the fifth-degree relative (cousin's daughter) from inheriting. This case clarifies the absolute nature of the proximity rule among collateral relatives in intestate succession.