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    BagunuVSPiedad 140975 2000 Digest

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    Chester Bryan
    This document summarizes a Philippine Supreme Court case about inheritance rights. Augusto H. Piedad died without any direct descendants or ascendants. Ofelia Hernando Bagunu, who was the daughter of Augusto's first cousin (fifth degree relative), claimed a share of the estate. However, the court ruled that Pastora Piedad, who was Augusto's maternal aunt (third degree relative), was the sole inheritor based on the rule of proximity. The Civil Code states that among collateral relatives, the closer relative excludes more distant ones from inheriting, unless the right of representation applies. But this right does not apply to relatives beyond the fourth degree, which both parties were. Therefore, as the third degree relative

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    BagunuVSPiedad 140975 2000 Digest

    Uploaded by

    Chester Bryan
    125 views1 page
    This document summarizes a Philippine Supreme Court case about inheritance rights. Augusto H. Piedad died without any direct descendants or ascendants. Ofelia Hernando Bagunu, who was the daughter of Augusto's first cousin (fifth degree relative), claimed a share of the estate. However, the court ruled that Pastora Piedad, who was Augusto's maternal aunt (third degree relative), was the sole inheritor based on the rule of proximity. The Civil Code states that among collateral relatives, the closer relative excludes more distant ones from inheriting, unless the right of representation applies. But this right does not apply to relatives beyond the fourth degree, which both parties were. Therefore, as the third degree relative

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    This document summarizes a Philippine Supreme Court case about inheritance rights. Augusto H. Piedad died without any direct descendants or ascendants. Ofelia Hernando Bagunu, who was the daughter of Augusto's first cousin (fifth degree relative), claimed a share of the estate. However, the court ruled that Pastora Piedad, who was Augusto's maternal aunt (third degree relative), was the sole inheritor based on the rule of proximity. The Civil Code states that among collateral relatives, the closer relative excludes more distant ones from inheriting, unless the right of representation applies. But this right does not apply to relatives beyond the fourth degree, which both parties were. Therefore, as the third degree relative

    Copyright:

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

    BagunuVSPiedad 140975 2000 Digest

    Uploaded by

    Chester Bryan
    This document summarizes a Philippine Supreme Court case about inheritance rights. Augusto H. Piedad died without any direct descendants or ascendants. Ofelia Hernando Bagunu, who was the daughter of Augusto's first cousin (fifth degree relative), claimed a share of the estate. However, the court ruled that Pastora Piedad, who was Augusto's maternal aunt (third degree relative), was the sole inheritor based on the rule of proximity. The Civil Code states that among collateral relatives, the closer relative excludes more distant ones from inheriting, unless the right of representation applies. But this right does not apply to relatives beyond the fourth degree, which both parties were. Therefore, as the third degree relative

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    of 1

    Topic: Article 962

    G.R. No. 140975, Promulgated December 8, 2000

    OFELIA HERNANDO BAGUNU, Petitioner. 


    vs.
    PASTORA PIEDAD, Respondent.

    Facts:
    Augusto H. Piedad died without any direct descendants or ascendants. Ofelia Hernando Bagunu moved to intervene in the Intestate
    Proceedings of the Estate of Augusto H. Piedad asserting entitlement to a share of the said estate. Bagunu assailed the finality of the
    order of the trial court awarding the entire estate to Pastora Piedad. Pastora Piedad is the maternal aunt of the decedent, a third-
    degree relative of the decedent, while Ofelia Hernando Bagunu is the daughter of a first cousin of the deceased, or a fifth-degree
    relative of the decedent.

    Issue:
    WON Pastora Piedad excludes Ofelia Hernando Bagunu from inheriting the estate of Augusto H. Piedad for being the nearest relative of
    the latter.

    Held:
    Yes. 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. Thus, Article 962 of the Civil Code provides:

    By right of representation, a more distant blood relative of a decedent is, by operation of law, "raised to the same place and degree" of
    relationship as that of a closer blood relative of the same decedent. The representative thereby steps into the shoes of the person he
    represents and succeeds, not from the latter, but from the person to whose estate the person represented would have succeeded.

    The right of representation does not apply to "others collateral relatives within the fifth civil degree" (to which group both petitioner
    and respondent belong) who are sixth in the order of preference following, firstly, the legitimate children and descendants, secondly,
    the legitimate parents and ascendants, thirdly, the illegitimate children and descendants, fourthly, the surviving spouse, and fifthly, the
    brothers and sisters/nephews and nieces, fourth decedent. Among collateral relatives, except only in the case of nephews and nieces of
    the decedent concurring with their uncles or aunts, the rule of proximity, expressed in Article 962, aforequoted, of the Code, is an
    absolute rule. In determining the degree of relationship of the collateral relatives to the decedent, Article 966 of the Civil Code gives
    direction.

    Pastora Piedad, being a relative within the third civil degree, of the late Augusto H. Piedad excludes Ofelia Hernando Bagunu, a relative
    of the fifth degree, from succeeding an intestato to the estate of the decedent.

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