Scribd
Upload
296 views1 page

Inheritance Rights of Nephews and Nieces

This case involves a dispute over inheritance of property left by Maura Bagsic. Maura Bagsic died without heirs and the plaintiffs, who are her nephews, nieces, and other collateral relatives, claim inheritance rights under Article 1003 of the New Civil Code. The court ruled that under Article 1003, in the absence of direct heirs, collateral relatives are entitled to inherit the entire estate. As Maura Bagsic died without a spouse or children, her nephews, nieces, and other collateral relatives are entitled to inherit her estate in their own right according to the law.

Uploaded by

Joms Teneza
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd
296 views1 page

Inheritance Rights of Nephews and Nieces

This case involves a dispute over inheritance of property left by Maura Bagsic. Maura Bagsic died without heirs and the plaintiffs, who are her nephews, nieces, and other collateral relatives, claim inheritance rights under Article 1003 of the New Civil Code. The court ruled that under Article 1003, in the absence of direct heirs, collateral relatives are entitled to inherit the entire estate. As Maura Bagsic died without a spouse or children, her nephews, nieces, and other collateral relatives are entitled to inherit her estate in their own right according to the law.

Uploaded by

Joms Teneza
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd

Bicomong v.

Almanza
G.R. No. L-37365 November 29, 1977

FACTS: ISSUE:

Simeon Bagsic was married to Sisenanda Barcenas WON the nephews and nieces are entitled to inherit
and were born three children namely: Perpetua in their own right.
Bagsic, Igmedia Bagsic, and Ignacio Bagsic.
Sisenanda Barcenas died ahead of her husband RULING:
Simeon Bagsic. Simeon Bagsic remarried Silvestra
Glorioso. Of this second marriage were born two Yes. In the absence of defendants, ascendants,
children, Felipa Bagsic and Maura Bagsic. Simeon illegitimate children, or a surviving spouse, Article
Bagsic and Silvestra Glorioso died. Ignacio Bagsic 1003 of the New Civil Code provides that collateral
died leaving the plaintiff Francisca Bagsic as his only relatives shall succeed to the entire estate of the
heir. Igmedia Bagsic also died survived by the plaintiffs deceased. It appearing that Maura Bagsic died
Dionisio Tolentino, Maria Tolentino and Petra intestate without an issue, and her husband and all her
Tolentino. Perpetua Bagsic died and was survived by ascendants had died ahead of her, she is succeeded
her heirs, the plaintiffs Gaudencio Bicomong, Felicidad by the surviving collateral relatives, namely the
Bicomong, Salome Bicomong, and Gervacio daughter of her sister of full blood and the ten (10)
Bicomong. children of her brother and two (2) sisters of half blood
in accordance with the provision of Art. 975 of the New
Of the children of the second marriage, Maura Bagsic Civil Code. By virtue of said provision, the
died also leaving no heir as her husband died ahead aforementioned nephews and nieces are entitled to
of her. Felipa Bagsic, the other daughter of the second inherit in their own right.
Geronimo Almanza and her daughter Cristeta
Almanza. But five (5) months before the present suit Under the same provision, Art. 975, which makes no
was filed or on July 23, 1959, Cristeta Almanza died qualification as to whether the nephews or nieces are
leaving behind her husband, the defendant herein on the maternal or paternal line and without preference
Engracio Manese and her father Geronimo Almanza. as to
The subject matter concerns the one-half undivided whether their relationship to the deceased is by whole
share of Maura Bagsic in the following described five or half blood, the sole niece of
(5) parcels of land which she inherited from her whole blood of the deceased does not exclude the ten
deceased mother, Silvestra Glorioso. Three sets of nephews and n of half blood. The only difference in
plaintiffs filed the complaint on December 1, 1959, their right of succession is provided in Art. 1008, NCC
namely: (a) the Bicomongs, children of Perpetua in relation to Article 1006 of the New Civil Code
Bagsic; (b) the Tolentinos, children of Igmedia Bagsic; (supra), which provisions, in effect, entitle the sole
and (c) Francisco Bagsic, daughter of Ignacio Bagsic, niece of full blood to a share double that of the
in the Court of First Instance of Laguna and San Pablo nephews and nieces of half blood.
City against the defendants Geronimo Almanza and
Engracio Menese for the recovery of their lawful
shares in the properties left by Maura Bagsic.

Page 1 of 1

You might also like