- Petitioner
- Bacayo
- Respondent
- Borromeo
- Citation
- G.R. No. L-19382
- Court
- Supreme Court
- Division
- En Banc
- Ponente
- Reyes, J.
- Decided
- August 31, 1965
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.
Intellegal Wiki · Key Holding
Affirmed the trial court, holding that under Civil Code Articles 1001, 1004, 1005, and 1009 nephews and nieces exclude all other collateral relatives, including aunts and uncles, from intestate succession even when of equal degree, and that the absence of brothers, sisters, nephews, and nieces is a precondition before other collaterals may be called to inherit.
An editorially maintained summary of the rule this Supreme Court decision is cited for — not legal advice.