Republic of the Philippines SUPREME COURT Manila THIRD DIVISION G.R. No. 140975, Promulgated De em!

er ", #000 O$E%&' (ERN'NDO )'GUNU, Petitioner. vs. P'STOR' P&ED'D, Respondent. *&TUG, J.: On 2 !u"ust #$$%& herein petitioner Ofelia Hernando 'a"unu (oved to intervene in Special Proceedin"s No. )*%2& entitled +In the (atter of the Intestate Proceedin"s of the ,state of !u"usto H. Piedad&+ pendin" before the Re"ional Trial -ourt .+RT-+/& 'ranch ##0& of Pasa1 -it1. !ssertin" entitle(ent to a share of the estate of the late !u"usto H. Piedad& petitioner assailed the finalit1 of the order of the trial court a2ardin" the entire estate to respondent Pastora Piedad contendin" that the proceedin"s 2ere tainted 2ith procedural infir(ities& includin" an inco(plete publications of the notice of hearin"& lac3 of personal notice to the heirs and creditors& and irre"ularit1 in the disburse(ents of allo2ances and 2ithdra2als b1 the ad(inistrator of the estate. The trial court denied the (otion& pro(ptin" petitioners to raise her case to the -ourt of !ppeals. Respondent sou"ht the dis(issal of the appeal on the thesis that the issues brou"ht up on appeal onl1 involvin" nothin" else but 4uestions of la2 to be raised before the Supre(e -ourt b1 petition for revie2 on certiorari in accordance 2ith Rule 5% thereof and consistentl1 2ith -ircular 26$7 of the -ourt. In a 2ell62ritten resolution& the -ourt of !ppeals belabored the distinctions bet2een 4uestions of la2 and 4uestions of fact& thus8 +There is a 4uestion of la2 in a "iven case 2hen the doubt or difference arises as to 2hat the la2 is on a certain state of facts& and there is a 4uestion of fact 2hen the doubt or difference arises as to the truth or the falsehood of alle"ed facts. There is 4uestion of fact 2hen the 4uer1 necessaril1 invites calibration of the 2hole evidence considerin" (ainl1 the credibilit1 of 2itnesses& e9istence and relevance of specific surroundin" circu(stances and their relation to each other and to the 2hole and the probabilities of the situation.+# :ustice ,u"enio S. ;abitoria& spea3in" for the appellate court& ratiocinated that 2hether or not the RT- erred in den1in" the intervention considerin" .#/ that the intervenor6appellant had a prima facie interest over the case .2/ that the <urisdiction over the person of the proper parties 2as not ac4uired in vie2 of the deficient publication or notice of hearin"& and .)/ that the proceedin"s had 1et to be closed and ter(inated& 2ere issues 2hich did not 4ualif1 as +4uestions of fact+ as to place the appeal 2ithin the <urisdiction of the appellate court= thus= +The issues are evidentl1 pure 4uestions of la2 because their resolution are based on facts not in dispute. !d(itted are the facts that intervenor6appellant is a collateral relative 2ithin the fifth de"ree of !u"usto H. Piedad= the she is the dau"hter of the first cousin of !u"usto H. Piedad= that as such& intervenor6appellant see3 to inherit 2as published for three consecutive 2ee3s in a ne2spaper of "eneral circulation= that there 2as no order of closure of proceedin"s that has been issued b1 the intestate court= and that the intestate court has alread1 issued an order for the transfer of the re(ainin" estate of !u"usto H. Piedad to petitioner6appellee.

+These facts are undisputed. +In this case& there is no doubt nor difference that arise as to the truth or falsehood on alle"ed facts. The 4uestion as to 2hether intevenor6appellants as a collateral relative 2ithin the fifth civil de"ree& has le"al interest in the intestate proceedin" 2hich 2ould <ustif1 her intervention= the 4uestion as to 2hether the publication of notice of hearin" (ade in this case is defective 2hich 2ould a(ount to lac3 of <urisdiction over the persons of the parties and the 4uestion as to 2hether the proceedin"s has alread1 been ter(inated 2hen the intestate court issued the order of transfer of the estate of !u"usto H. Piedad to petitioner6appellee& in spite the absence of an order of closure of the intestate court& all call for the application and interpretation of the proper la2 is applicable on a certain undisputed state of facts. +The resolution of the issues raised does not re4uire the revie2 of the evidence& nor the credibilit1 of 2itnesses presented& nor the e9istence and relevance of specific surroundin" circu(stances. Resolution on the issues (a1 be had even 2ithout "oin" to e9a(ination of facts on record.+ 2 Still unsatisfied& petitioner contested the resolution of the appellate court in the instant petition for revie2 oncertiorari. The -ourt finds no reversible error in the rulin" of the appellate court. 'ut let us set aside the alle"ed procedural decrepitude and ta3e on the basic substantive issue. Specificall1& can petitioner& a collateral relative of the fifth civil de"ree& inherit alon"side respondent& a collateral relative of the third civil de"ree> ,lse2ise stated does the rule of pro9i(it1 in intestate succession find application a(on" collateral relatives> !u"usto H. Piedad 2ithout an1 direct descendants or ascendants. Respondent is the (aternal aunt of the decedent& a third6de"ree relative of the decedent& 2hile petitioner is the dau"hter of a first cousin of the deceased& or a fifth6de"ree relative of the decedent. The various provisions of the -ivil -ode on succession e(bod1 an al(ost co(plete set of la2 to "overn& either b1 2ill or b1 operation of la2& the trans(ission of propert1& ri"hts and obli"ations of a person upon his death. ,ach article is construed in con"ruit1 2ith& rather than in isolation of& the s1ste( set out b1 the -ode. The rule on pro9i(it1 is a concept that favors the relatives nearest in de"ree to the decedent and e9cludes the (ore distant ones e9cept 2hen and to the e9tent that the ri"ht of representation can appl1. Thus& !rticle $*2 of the -ivil -ode provides8 +!RT. $*2. In ever1 inheritance& the relative nearest in de"ree e9cludes the (ore distant ones& savin" the ri"ht of representation 2hen it properl1 ta3es place. +Relatives in the sa(e de"ree shall inherit in e4ual shares& sub<ect to the provisions of article #77* 2ith respect to relatives of the full and half blood& and of article $ 0& para"raph 2& concernin" division bet2een the paternal and (aternal lines.+ '1 ri"ht of representation& a (ore distant blood relative of a decedent is& b1 operation of la2& +raised to the sa(e place and de"ree+ of relationship as that of a closer blood relative of the sa(e decedent. The representative thereb1 steps into the shoes of the person he represents and succeeds& not fro( the latter& but fro( the person to 2hose estate the person represented 2ould have succeeded.

+!RT. $07. Representation is a ri"ht created b1 fiction of la2& b1 virtue of 2hich the representative is raised to the place and the de"ree of the person represented& and ac4uires the ri"hts 2hich latter 2ould have if he 2ere livin" or if he could have inherited.+ +!RT. $0#. The representative is called to the succession b1 the la2 and not b1 the person represented. The representative does not succeed the person represented but the one 2ho( the person represented 2ould have succeeded.+ +!RT. $07. Representation is a ri"ht created b1 fiction of la2& b1 virtue of 2hich the representative is raised to the place and the de"ree of the person represented& and ac4uires the ri"hts 2hich latter 2ould have if he 2ere livin" or if he could have inherited.+ +!RT. $0#. The representative is called to the succession b1 the la2 and not b1 the person represented. The representative does not succeed the person represented but the one 2ho( the person represented 2ould have succeeded.+ In the direct line& ri"ht of representation is proper onl1 in the descendin"& never in the ascendin"& line. In the collateral line& the ri"ht of representation (a1 onl1 ta3e place in favor of the children of brothers or sisters of the decedent 2hen such children survive 2ith their uncles or aunts. +!RT. $02. The ri"ht of representation ta3es place in the direct descendin" line& but never in the ascendin". +In the collateral line& it ta3es place onl1 in favor of the children of brothers or sisters& 2hether the1 be of the full or half blood. +!RT. $05. ?henever there is succession b1 representation& the division of the estate shall be (ade per stripes& in such (anner that the representative or representatives shall not inherit (ore than 2hat the person the1 represent 2ould inherit& if he 2ere livin" or could inherit.+ +!RT. $0%. ?hen children of one or (ore brothers or sisters of the deceased survive& the1 shall inherit fro( the latter b1 representation& if the1 survive 2ith their uncles or aunts. 'ut if the1 alone survive& the1 shall inherit in e4ual portions.+ The ri"ht of representation does not appl1 to +others collateral relatives 2ithin the fifth civil de"ree+ .to 2hich "roup both petitioner and respondent belon"/ 2ho are si9th in the order of preference follo2in"& firstl1& the le"iti(ate children and descendants& secondl1& the le"iti(ate parents and ascendants& thirdl1& the ille"iti(ate children and descendants& fourthl1& the survivin" spouse& and fifthl1& the brothers and sisters@nephe2s and nieces& fourth decedent. !(on" collateral relatives& e9cept onl1 in the case of nephe2s and nieces of the decedent concurrin" 2ith their uncles or aunts& the rule of pro9i(it1& e9pressed in !rticle $*2& afore4uoted& of the -ode& is an absolute rule. In deter(inin" the de"ree of relationship of the collateral relatives to the decedent& !rticle $** of the -ivil -ode "ives direction. +!rticle $**. 999 +In the collateral line& ascent is (ade to the co((on ancestor and then descent is (ade ancestor and then descent is (ade to the person 2ith 2ho( the co(putation is to be (ade. Thus& a person is t2o de"rees re(oved fro( his brother& three fro( his uncle& 2ho is the brother of his father& four fro( his first cousin and so forth.+

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Respondent& bein" a relative 2ithin the third civil de"ree& of the late !u"usto H. Piedad e9cludes petitioner& a relative of the fifth de"ree& fro( succeedin" an intestato to the estate of the decedent. The provisions of !rticle #77$ and !rticle #7#7 of the -ivil -ode +!rticle #77$& Should there be neither brothers nor sisters nor children of brothers or sisters& the other collateral relatives shall succeed to the estate.

+The latter shall succeed 2ithout distinction of lines or preference a(on" the( b1 reason of relationship b1 the 2hole blood.+ +!rticle #7#7. The ri"ht to inherit ab intestato shall not e9tend be1ond the fifth de"ree of relationship in the collateral line.+ Invo3ed b1 petitioner do not at all support her cause. The la2 (eans onl1 that a(on" the other collateral relatives .the si9th in the line of succession/& no preference or distinction shall be observed +b1 reason of relationship b1 the 2hole blood.+ In fine& a (aternal aunt can inherit e4uall1 2ith a first cousin of the half blood but an uncle or an aunt& bein" a third6de"ree relative& e9cludes the cousins of the decedent& bein" in the fourth de"ree of relationship= the latter& in turn& 2ould have priorit1 in succession to a fifth6de"ree relative.
1wphi1.nt

?H,R,AOR,& the instant Petition is D,NI,D. No costs. SO ORD,R,D. Melo, Panganiban, and Gonzaga-Reyes, ., concur.
# Rollo& p. )7.

2 Rollo& p. )#