In Re Summary Settlement of the Estate of Melodia Ferraris.
Filomena Abellana De Bacayo v. Gaudencia Ferraris De Borromeo, et. al.
G.R. No. L-19382, August 31, 1965
FACTS:
Melodia Ferraris, herein decedent, left no surviving direct descendant, ascendant, or spouse, but was survived only by collateral relatives, namely Filomena Abellana de Bacayo, an aunt and half-sister of decedent’s father, Anacleto Ferraris; and by Gaudencia, Catalina, Conchita, and Juanito, all surnamed Ferraris, her nieces and nephew, who were the children of Melodia’s only brother of full blood, Arturo Ferraris, who pre-deceased Melodia. The two classes of heirs claimed to be the nearest intestate heirs and sought to participate in the estate of said Melodia Ferraris. The trial court ruled in favor of the appellees. The court held that collateral relatives are excluded by brothers or sisters of children of brothers or sisters of the decedent in accordance with Article 1009 of the New Civil Code.
ISSUE:
Whether or not appellant may inherit.
RULING:
No. The Supreme Court held that the trial court was correct in ruling that, in case of intestacy, nephews and nieces of the decedent exclude all other collaterals (aunts and uncles, etc.) from the succession. This rule is apparent in Article 1009 of the Civil Code where the absence of brothers, sisters, nephews and nieces of the decedent is a precondition to the other collaterals being called to the succession, hence, the preferred position of the former vis-à-vis the other collaterals.
