Bicomong v. Almanza
G.R. No. L-37365 November 29, 1977
FACTS:
Simeon Bagsic was married to Sisenanda Barcenas and were born three children namely: Perpetua Bagsic, Igmedia Bagsic, and Ignacio Bagsic. Sisenanda Barcenas died ahead of her husband Simeon Bagsic. Simeon Bagsic remarried Silvestra Glorioso. Of this second marriage were born two children, Felipa Bagsic and Maura Bagsic. Simeon Bagsic and Silvestra Glorioso died. Ignacio Bagsic died leaving the plaintiff Francisca Bagsic as his only heir. Igmedia Bagsic also died survived by the plaintiffs Dionisio Tolentino, Maria Tolentino and Petra Tolentino. Perpetua Bagsic died and was survived by her heirs, the plaintiffs Gaudencio Bicomong, Felicidad Bicomong, Salome Bicomong, and Gervacio Bicomong.
Of the children of the second marriage, Maura Bagsic died also leaving no heir as her husband died ahead of her. Felipa Bagsic, the other daughter of the second Geronimo Almanza and her daughter Cristeta Almanza. But five (5) months before the present suit was filed or on July 23, 1959, Cristeta Almanza died leaving behind her husband, the defendant herein Engracio Manese and her father Geronimo Almanza. The subject matter concerns the one-half undivided share of Maura Bagsic in the following described five (5) parcels of land which she inherited from her deceased mother, Silvestra Glorioso. Three sets of plaintiffs filed the complaint on December 1, 1959, namely: (a) the Bicomongs, children of Perpetua Bagsic; (b) the Tolentinos, children of Igmedia Bagsic; and (c) Francisco Bagsic, daughter of Ignacio Bagsic, in the Court of First Instance of Laguna and San Pablo City against the defendants Geronimo Almanza and Engracio Menese for the recovery of their lawful shares in the properties left by Maura Bagsic.
ISSUE:
WON the nephews and nieces are entitled to inherit in their own right.
RULING:
Yes. In the absence of defendants, ascendants, illegitimate children, or a surviving spouse, Article 1003 of the New Civil Code provides that collateral relatives shall succeed to the entire estate of the deceased. It appearing that Maura Bagsic died intestate without an issue, and her husband and all her ascendants had died ahead of her, she is succeeded by the surviving collateral relatives, namely the daughter of her sister of full blood and the ten (10) children of her brother and two (2) sisters of half blood in accordance with the provision of Art. 975 of the New Civil Code. By virtue of said provision, the aforementioned nephews and nieces are entitled to inherit in their own right.
Under the same provision, Art. 975, which makes no qualification as to whether the nephews or nieces are on the maternal or paternal line and without preference as to
whether their relationship to the deceased is by whole or half blood, the sole niece of
whole blood of the deceased does not exclude the ten nephews and n of half blood. The only difference in their right of succession is provided in Art. 1008, NCC in relation to Article 1006 of the New Civil Code (supra), which provisions, in effect, entitle the sole niece of full blood to a share double that of the nephews and nieces of half blood.
