2 Bagunu v. Piedad, 347 Scra 571 (2000)

BAGUNU V.
PIEDAD, 347 SCRA 571 (2000)

DOCTRINE: Under the rule of proximity, a maternal aunt (a relative within the 3rd
degree) excludes the daughter of the first cousin of the decedent (a relative within the
5th degree), even if under the order of intestate succession, both of them fall within sixth
level of preference. Moreover, the daughter of the first cousin is not entitled to the right
of representation in order to elevate her status to a relative of a nearer degree because
representation in the collateral line is limited to children of brothers and sisters of the
decedent.
FACTS: Augusto H. Piedad died without any direct descendants or ascendants.
Respondent, Pastora Piedad (Pastora), is the maternal aunt of the decedent, a third-
degree relative of the decedent, while petitioner, Ofelia Bagunu(Ofelia) is the daughter
of a first cousin of the deceased, or a fifth-degree relative of the decedent.
1. On 28 August 1995, herein Bagunu moved to intervene in Special Proceedings No.
3652, entitled "In the matter of the Intestate Proceedings of the Estate of Augusto H.
Piedad," pending before the Regional Trial Court ("RTC"), Branch 117, of Pasay City.
Asserting entitlement to a share of the estate of the late Augusto H. Piedad, Bagunu
assailed the finality of the order of the trial court awarding the entire estate to
respondent Pastora contending that the proceedings were tainted with procedural
infirmities, including an incomplete publications of the notice of hearing, lack of personal
notice to the heirs and creditors, and irregularity in the disbursements of allowances and
withdrawals by the administrator of the estate.
2. The trial court denied the motion, prompting Ofelia to raise her case to the Court of
Appeals, sought the dismissal of the appeal on the thesis that the issues brought up on
appeal only involving nothing else but questions of law to be raised before the Supreme
Court by petition for review on certiorari in accordance with Rule 45 thereof and
consistently with Circular 2-90 of the Court.
3. "These facts are undisputed. a) the facts that Ofelia is a collateral relative within the
fifth degree of Augusto H. Piedad; b) the she is the daughter of the first cousin of
Augusto H. Piedad; that as such, Ofelia action seeking to inherit was published for three
consecutive weeks in a newspaper of general circulation; c) that there was no order of
closure of proceedings that has been issued by the intestate court; d) and that the
intestate court has already issued an order for the transfer of the remaining estate of
Augusto H. Piedad to Pastora.
ISSUE: Can Ofelia, a collateral relative of the 5th civil degree, inherit along with
Pastora, a collateral relative of the 3 rd civil degree? Does the rule of proximity in
intestate succession find application among collateral relatives?
HELD: No. 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. The right of representation does not apply to
―other collateral relatives within the 5th civil degree (to which group both petitioner and
respondent belong) who are sixth in order of preference following: First- legitimate
children and descendants Second- the legitimate parents and ascendants Third-
illegitimate children and descendants Fourth- surviving spouse Fifth- brothers and
sisters/ nephews and nieces of decedent. Among collateral relatives, except only in the
case of nephews and nieces of the decedent concurring with their uncles and aunts, the
rule of proximity, expressed in Art. 962 of the Code is an absolute rule. In determining
the degree of relationship of the collateral relatives to the decedent, Art. 966 of the Civil
Code gives direction. In fine, a maternal aunt can inherit alongside a paternal uncle and
a first cousin or the full blood can inherit equally with a first cousin of the half-blood, but
an uncle or an aunt, being a third degree relative, excludes the cousins of the decedent,
being in the 4th degree of relationship; the latter, in turn, would have priority in
succession to a fifth-degree relative. Notes: "ART. 962. In every inheritance, the relative
nearest in degree excludes the more distant ones, saving the right of representation
when it properly takes place. "Relatives in the same degree shall inherit in equal shares,
subject to the provisions of article 1006 with respect to relatives of the full and half
blood, and of article 987, paragraph 2, concerning division between the paternal and
maternal lines." Article 966.xxx "In the collateral line, ascent is made to the common
ancestor and then descent is made ancestor and then descent is made to the person
with whom the computation is to be made. Thus, a person is two degrees removed from
his brother, three from his uncle, who is the brother of his father, four from his first
cousin and so forth." AccordinglyRespondent, 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.

2 Bagunu v. Piedad, 347 Scra 571 (2000)

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BAGUNU V.

PIEDAD, 347 SCRA 571 (2000)

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