Chapter 3.

LEGAL OR INTESTATE SUCCESSION Article: Surviving Spouse, Brothers and Sisters, Nephews and Nieces Case: Cacho vs Udan L-19996 April !, 196" #acts: Silvina G. Udan, single, and a resident of San Marcelino, Zambales, died leaving a purported will naming her son, Francisco G. Udan, and one Wencesla Cacho, as her sole heirs, share and share ali e. Wencesla Cacho, filed a petition to probate said Will in the Court of First !nstance of Zambales on "# $anuar% "&'(. )n "* Februar% "&'( +ustico G. Udan, legitimate brother of the testatri,, filed an opposition to the probate. -tt%. Guillermo .ablo, $r., filed his -ppearance and Urgent Motion for .ostponement for and in behalf of his client Francisco G. Udan, the appointed heir in the Will. Francisco G. Udan, through counsel, filed his opposition to the probate of this will. )n "* September "&'( oppositor +ustico G. Udan, through counsel, verball% moved to withdraw his opposition, dated "/ Februar% "&'(, due to the appearance of Francisco G. Udan, the named heir in the will and said opposition was ordered withdrawn. -fter one witness, the 0otar% .ublic who made and notari1e the will, had testified in court, oppositor Francisco G. Udan died on $une "&'" in San Marcelino, Zambales, .hilippines. -fter the death of Francisco G. Udan, $ohn G. Udan and +ustico G. Udan, both legitimate brothers of the testatri, Silvina G. Udan, filed their respective oppositions on the ground that the will was not attested and e,ecuted as re2uired b% law, that the testatri, was incapacitated to e,ecute it3 and that it was procured b% fraud or undue influence. $ssue: Whether or not, the brothers $ohn and +ustico Udan ma% claim to be heirs intestate of their legitimate sister, Silvina4 %eld: 0o. !t is clear from -rticle &55 and "((/ of the Civil Code of the .hilippines, in force at the time of the death of the testatri, that the brothers ma% not claim to be heirs intestate of their legitimate sister, Silvina. 6he collateral relatives of one who died intestate inherit onl% in the absence of descendants, ascendants, and illegitimate children. 7aving Francisco Udan as the illegitimate son of the late Silvina which fact is not denied b% the oppositor brothers. 7e is so ac nowledged to be in the testament, where said Francisco is termed 8son8 b% the testatri,. 7ence, the death of Francisco two %ears after his mother9s demise does not improve the situation of appellants. 6he rights ac2uired b% the former are onl% transmitted b% his death to his own heirs at law not to the appellants, who are legitimate brothers of his mother, for the reason that, the legitimate relatives of the mother cannot succeed her illegitimate child. 6his is clear from -rticle &&: of the Civil Code. Francisco Udan did survive his mother, and ac2uired the rights to the succession from the moment of her death. While there is no document or pleading in the records showing repudiation of the inheritance b% Francisco Udan. 6he latter9s own opposition to the probate of the alleged will is perfectl% compatible with the Mempin, 6win le M. ;;< !!!=-

intention to e,clude the proponent Cacho as testamentar% coheir, and to claim the entire inheritance as heir ab intestato

Mempin, 6win le M. ;;< !!!=-