Francisca Tioco De Papa, et. al. v. Dalisay Tongko Camacho
G.R. No. L-28032, September 24, 1986
FACTS:
Appellees and appellant Dalisay Tongko-Camacho have as a common ancestor the late Balbino Tioco (who had a sister by the name of Romana Tioco), father of appellees and great grandfather of defendant. During her lifetime, Romana gratuitously donated four parcels of land to her niece Toribia Tioco (legitimate sister of appellees). When Toribia died, she was survived by her husband, Eustacio Dizon, and their two legitimate children Faustino and Trinidad (mother of Dalisay). The 4 parcels of land were left as inheritance of Toribia‟s two children in equal pro-indiviso shares. They too inherited 3 parcels of land which was supposed to be the inheritance of the late Toribia Tioco from her father Balbino. However, when Faustino died intestate, single and without issue, the ½ pro-indiviso share in the 7 parcels of land was left to his father Eustacio Dizon, as his sole intestate heir, who received the said property subject to a reserve troncal. Subsequently, Trinidad died intestate and her rights and interests in the parcels of land were inherited by her only legitimate childe, appellant Dalisay. Eustacio thereafter died intestated, survived by his only legitimate defendant Dalisay Tongko-Camacho.
The lower Court declared that the appellees as well as appellant Dalisay were entitled as reservatarios to ½ of the seven parcels of land in dispute, in equal proportions.
ISSUE:
Whether or not all relatives of the prepositus (Faustino) within the third degree in the appropriate line succeed without distinction to the reservable property upon the death of the reservista.
RULING:
No. Reversion of the reservable property being governed by the rules on intestate succession, the plaintiffs-appellees must be held without any right thereto because, as aunt and uncles, respectively, of Faustino Dizon (the prepositus), they are excluded from the succession by his niece, the defendant-appellant, although they are related to him within the same degree as the latter. As held in the case of Abellana v. Ferraris, under the Article 1009, the absence of brothers, sisters, nephews and nieces of the decedent is a precondition to the other collaterals (uncles, cousins, etc.) being called to the succession. Hence, a decedent’s uncles and aunts may not succeed ab intestato so long as nephews and nieces of the decedent survive and are willing and qualified to succeed, similar to the case at hand.
