Bacayo v. Borromeo

Summary

This case established the rule in intestate succession that nephews and nieces of a deceased person exclude aunts and uncles from inheritance, even when they are of equal degree of relationship. Melodia Ferraris died intestate leaving collateral relatives: an aunt and children of her predeceased brother. The Supreme Court affirmed that under Civil Code Articles 1001, 1004, 1005, and 1009, nephews and nieces have preferential rights over other collaterals like aunts and uncles. The Court clarified that Article 1009 requires the absence of brothers, sisters, nephews and nieces as a precondition for other collaterals to succeed, establishing a clear hierarchy in collateral succession that prioritizes nephews and nieces over aunts and uncles regardless of equal degree of relationship.