HEIRS OF PASCASIO URIARTE vs.

CA
GR # 116775, January 22, 1998
FACTS: Justa acquired the 0.5 hec by inheritance from her parents, Juan Arnaldo
and Ursula Tubil, and 2.2 hec by purchase. Estrada, Justa s nephew, claimed to be
the sole surviving heir of Justa on the ground that she died intestate. He fur
ther claimed that Pascasio Uriarte who apparently worked the land as Justa s tenan
t refused to give him his share of the harvest. Estrada claimed that Uriarte ha
s no right to the entire land but could only claim of the 0.5 hec. Justa inherit
ed from her parents. While the partition case was pending, Pascasio died and wa
s replaced by petitioners-heirs. Allegedly, the petitioners were not mere tenant
s but Justa s heirs entitled to her entire land.
HELD: Estrada, as admitted by petitioners, is Justa s nephew, his mother, Agatonic
a, being Justa s half sister. He is thus Justa s nearest relative and thus, the onl
y one entitled to her estate. Estrada is a 3rd degree relative of Justa. On th
e other hand, petitioners are the children of Justa s cousin. They are thus 5th d
egree relatives of Justa. Applying the principle that the nearest excludes the
farthest, then Estrada is the lawful heir of Justa. The fact that his mother is
only a half-sister of Justa is of no moment. A nephew is considered a collatera
l relative who may inherit if no descendant, ascendant, or spouse survives the d
ecedent. That Estrada is only a half-blood is immaterial. This alone does not
disqualify him from being his aunt s heir. The determination of whether the relati
onship is of full or half blood is important only to determine the extent of the
share of the survivors.