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    Alviar vs. Alviar 28 SCRA 610, June 30, 1969

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    Leizle Funa-Fernandez
    Clemente Alviar sued his half-siblings after the death of their sister Belen Alviar, claiming he was entitled to her entire estate as her full brother. Clemente argued he had a closer degree of relationship to Belen than his half-siblings. However, the court held that Clemente and the half-siblings were all equally related to Belen as siblings sharing the same father, and the civil code specifies that full-blooded siblings do not exclude half-blooded siblings from inheritance. Therefore, Clemente was not entitled to the entire estate.

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    Alviar vs. Alviar 28 SCRA 610, June 30, 1969

    Uploaded by

    Leizle Funa-Fernandez
    246 views1 page
    Clemente Alviar sued his half-siblings after the death of their sister Belen Alviar, claiming he was entitled to her entire estate as her full brother. Clemente argued he had a closer degree of relationship to Belen than his half-siblings. However, the court held that Clemente and the half-siblings were all equally related to Belen as siblings sharing the same father, and the civil code specifies that full-blooded siblings do not exclude half-blooded siblings from inheritance. Therefore, Clemente was not entitled to the entire estate.

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    183. Alviar vs. Alviar 28 SCRA 610 , June 30, 1969

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    Clemente Alviar sued his half-siblings after the death of their sister Belen Alviar, claiming he was entitled to her entire estate as her full brother. Clemente argued he had a closer degree of relationship to Belen than his half-siblings. However, the court held that Clemente and the half-siblings were all equally related to Belen as siblings sharing the same father, and the civil code specifies that full-blooded siblings do not exclude half-blooded siblings from inheritance. Therefore, Clemente was not entitled to the entire estate.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    246 views1 page

    Alviar vs. Alviar 28 SCRA 610, June 30, 1969

    Uploaded by

    Leizle Funa-Fernandez
    Clemente Alviar sued his half-siblings after the death of their sister Belen Alviar, claiming he was entitled to her entire estate as her full brother. Clemente argued he had a closer degree of relationship to Belen than his half-siblings. However, the court held that Clemente and the half-siblings were all equally related to Belen as siblings sharing the same father, and the civil code specifies that full-blooded siblings do not exclude half-blooded siblings from inheritance. Therefore, Clemente was not entitled to the entire estate.

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    © All Rights Reserved
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    of 1

    No. L-22402. June 30, 1969.

    CLEMENTE ALVIAR, plaintiff-appellee, vs.CESAREO ALVIAR, ET AL.,


    defendants-appellants.
    Belen Alviar died intestate. She was single and had been survived by her
    brother Clemente Alviar, and five (5) half brothers and sisters, said Cesareo,
    Fabiana, Luisa, Zenaida and Castor Alviar. They executed a deed of extrajudicial
    partition. Over five (5) years later Clemente Alviar commenced the present
    action to annul the deed of extrajudicial partition above referred. Inasmuch as
    Clemente Alviar died soon thereafter, his widow and their children, substituted
    him as plaintiff in this case. Plaintiffs maintained that since Clemente Alviar
    was a full brother of Belen Alviar, whereas the main defendants herein are
    merely her half brothers and sisters, Clemente is a relative of Belen nearer in
    degree than said defendants, who are more distant to her, so that they
    (defendants) are excluded by Clemente, and he is entitled to succeed to the entire
    estate of Belen.

    Issue: Whether or not, as a full brother was nearer in degree of relationship


    than that of half brothers and sisters.

    Held: No. Indeed, "proximity of relationship is determined by the number of


    generations" and "each generation forms a degree." In relation to Belen Alviar,
    1

    her full brother, Clemente Alviar, is, therefore, in the same degree of relationship
    as their half brothers and sisters, the aforementioned defendants, for all of them
    constitute the first generation of descendants of their common father, Florentino
    Alviar. In fact, this rationalization is rendered superfluous, apart from being
    confirmed, by the explicit language of Arts. 1003, 1004 and 1006 of our Civil
    Code. These provisions, particularly the last, leave no room for doubt that
    brothers and sisters of full blood do not exclude those of half blood, for,
    otherwise, there would be no occasion for the concurrence of both classes and the
    application of said Art. 1006.

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