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Article 1003 of the New Civil Code of the Philippines provides that if a

person dies intestate, without a spouse, parents, legitimate or illegitimate


children, the collateral relatives will inherit.1 In every inheritance, the relative
nearest in degree excludes the more distant ones, saving the right of
representation when it properly takes place.2

Right of representation may arise because of death, incapacity or


disinheritance.3 In such cases, a more distant blood relative of a decedent is, by
operation of law, "raised to the same place and degree" of relationship as that of
a closer blood relative of the same decedent.4 In the collateral line, the right of
representation may only take place in favor of the children of brothers or sisters
of the decedent when such children survive with their uncles or aunts.5 Nephews
and nieces who are already alive when their uncle or aunt died can inherit by
right of representation6 but grandnephews and grandnieces cannot.7

In the present case, “4” died intestate, without a direct descendant,


ascendant, illegitimate children or spouse. As a result, his siblings namely “1”,
“2”, “3”, “5” and “6” will inherit as his collateral relatives. Since “5” and “6”
predeceased “4”, CD and EF who are the nephews/nieces of “4” can inherit by
right of representation.

1
Article 1003 of the New Civil Code of the Philippines: If there are no descendants,
ascendants, illegitimate children, or a surviving spouse, the collateral relatives shall
succeed to the entire estate of the deceased in accordance with the following articles.
2
Article 962 of the New Civil Code of the Philippines: In every inheritance, the relative
nearest in degree excludes the more distant ones, saving the right of representation
when it properly takes place.
3
Edgardo Paras, Civil Code of the Philippines Annotated, (Rex Bookstore, 2008)
4
Bagunu vs Piedad, G.R. No. 140975. December 8, 2000
5
Article 972 of the New Civil Code of the Philippines: The right of representation takes
place in the direct descending line, but never in the ascending. In the collateral line, it
takes place only in favor of the children of brothers or sisters, whether they be of the full
or half blood.
6
Article 975 of the New Civil Code of the Philippines: When children of one or more
brothers or sisters of the 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.
7
Supra note 3