There were just too many deaths in the family.
Anda died leaving behind her spouse, Sim, and their three children, Perp, Igme and Iggy.
Soon, Sim’s heart beat anew. The union of Sim and his second wife, Estra, produced two children, Ipa and Mau. Soon, Sim and Estra joined Anda in the world beyond.
Iggy and Igme soon died leaving behind their respective children.
Of the children of the second marriage, Mau died leaving no heir as her husband died ahead of her.
Death thereafter claimed the life of Mau’s full-blooded sister, Ipa, the other daughter of the second union. Ipa left behind her husband, Gerry, and her daughter Cris. Cris soon followed her mother leaving behind her husband, Gracio and her father Gerry.
The children of Perp, Igme and Iggy, the half-blood siblings of Mau claimed that they are the also intestate heirs of Mau, while Gerry and Gracio maintained that they are the only heirs of of the deceased Mau.
At stake was five parcels of land which she inherited from her deceased mother, Estra.
Q: Who are heirs entitled to inherit?
A: In the absence of defendants, ascendants, illegitimate children or a surviving spouse, Article 1003 of the New Civil Code provides that collateral relatives shall succeed to the entire estate of the deceased. It appearing that Mau died intestate without an issue, and her husband and all her ascendants had died ahead of her, she is succeeded by the surviving collateral relatives, namely the daughter of her sister of full blood and the ten (10) children of her brother and two (2) sisters of half-blood in accordance with the provision of Art. 975 of the New Civil Code which provides “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 portions.”
Q: What will be the share in the inheritance of the said nephews and nieces?
A: The share of the sole niece of full blood is double that of the nephews and nieces of half-blood. Thus, Articles 1006 and 1008 of the Civil Code provide:
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.
Bicomong vs Almanza, G.R. No. L-37365 Nov. 29, 1977
Ma. Soledad Deriquito-Mawis
Dean, Lyceum of the Philippines University;
Chairperson, , Philippine Association of Law Schools;
Mawis Law Office