185 Bagunu V Piedad
185 Bagunu V Piedad
185 Bagunu V Piedad
LEGARDA
FACTS:
Augusto H. Piedad without any direct descendants or ascendants. Respondent is the maternal aunt of the decedent,
a third-degree relative of the decedent, while petitioner is the daughter of a first cousin of the deceased, or a fifth-
degree relative of the decedent.
ISSUE(S): WON the rule of proximity in intestate succession applies among collateral relatives.
HELD: Yes, except when the nephews and nieces has the right to represent their parents.
RATIO:
The rule on proximity is a concept that favors the relatives nearest in degree to the decedent and excludes the
more distant ones except when and to the extent that the right of representation can apply.
By right of representation, 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. The
representative thereby steps into the shoes of the person he represents and succeeds, not from the latter, but
from the person to whose estate the person represented would have succeeded.
In the direct line, right of representation is proper only in the descending, never in the ascending, line. 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.
Among collateral relatives, except only in the case of nephews and nieces of the decedent concurring with their
uncles or aunts, the rule of proximity is an absolute rule.
Respondent, being a relative within the third civil degree, of the late Augusto H. Piedad excludes petitioner, a
relative of the fifth degree, from succeeding an intestato to the estate of the decedent.
DISSENTING/CONCURRING OPINION(S):