Delgado v Rustia, 480 SCRA 334

DOCTRINE:
Under Article 972 of the new Civil Code, the right of representation in the collateral line takes place only in favor of the children of
brothers and sisters (nephews and nieces). Consequently, it cannot be exercised by grandnephews and grandnieces.
FACTS:
Guillermo Rustia and Josefa Delgado died without a will. The claimants if their estates may be divided into two groups: (1) the
alleged heirs of Josefa Delgado, consisting of her half- and full-blood siblings, nephews and nieces, and grandnephews and
grandnieces, and (2) the alleged heirs of Guillermo Rustia, particularly his sisters, his nephews and nieces, his illegitimate child and
the de facto adopted child (ampun-ampunan) of the decedents.
As to Josefas family background, her parents were never married so she and her four siblings were all full-blood natural children of
their mother. Also, her mom gave birth to another child with another man. So thats a half-blood brother.
As to Guillermos family background, Guillermo managed to father an illegitimate child named, Guillerma Rustia, intervenorrespondent in this case. Josefa and Guillermo never legally adopted the ampun-ampunan children.
1st Issue:
Who are the heirs of Josefa?
The above-named siblings of Josefa Delgado were related to her by full-blood, except Luis Delgado, her half-brother. Nonetheless,
since they were all illegitimate, they may inherit from each other. Accordingly, all of them are entitled to inherit from Josefa Delgado.
Under Article 1001 of the New Civil Code, should brothers and sisters or their children survive with the widow or widower, the latter
shall be entitled to one-half of the inheritance and the brothers and sisters or their children to the other one-half.
2nd Issue:
Who are the heirs of Guillermo?
Guillerma Rustia is an illegitimate child of Guillermo Rustia. As such, she may be entitled to successional rights only upon proof of an
admission or recognition of paternity. She failed to present authentic proof of recognition. Together with Guillermina Rustia Rustia,
they were held legal strangers to the deceased spouses and therefore not entitled to inherit from them ab intestato.
Under Article 1002 of the new Civil Code, if there are no descendants, ascendants, illegitimate children, or surviving spouse, the
collateral relatives shall succeed to the entire estate of the deceased. Therefore, the lawful heirs of Guillermo Rustia are the
remaining claimants, consisting of his sisters, nieces and nephews.
Therefore, the intestate estate of Guillermo Rustia shall inherit half of the intestate estate of Josefa Delgado. The remaining half
shall pertain to (a) the full and half-siblings of Josefa Delgado who survived her and (b) the children of any of Josefa Delgados fullor half-siblings who may have predeceased her, also surviving at the time of her death. Josefa Delgados grandnephews and
grandnieces are excluded from her estate. The trial court is hereby ordered to determine the identities of the relatives of Josefa
Delgado who are entitled to share in her estate.
3rd Issue:
Can the grandnephews and grandnieces inherit by right of representation? NO
NO. However, the petitioners in this case are already the nephews, nieces, grandnephews and grandnieces of Josefa Delgado. Under
Article 972 of the new Civil Code, the right of representation in the collateral line takes place only in favor of the children of brothers
and sisters (nephews and nieces). Consequently, it cannot be exercised by grandnephews and grandnieces. Therefore, the only
collateral relatives of Josefa Delgado who are entitled to partake of her intestate estate are her brothers and sisters, or their children
who were still alive at the time of her death on September 8, 1972. They have a vested right to participate in the inheritance. The
records not being clear on this matter, it is now for the trial court to determine who were the surviving brothers and sisters (or their
children) of Josefa Delgado at the time of her death.