Case Digest - Civil Law

DE PAPA ET AL VS CAMACHO

GRN L-28032

SEPTEMBER 24, 1986

NARVASA, J.:

FACTS:

Plaintiffs and respondents of this case are legitimate relatives, plaintiffs being aunt and uncles of the respondent. Camacho inherited her property from her mother Trinidad, a descendant of Dizon, first degree cousin of defendants.

ISSUE:

Whether or not uncles and aunts, together with niece who survived the reservista would be considered reservatorios.

RULING:

The court ruled that the uncles and aunts shall not share in the reserveable property, since, under the law of intestate succession a descendant’s uncles and aunts may not succeed ab intestate so long as nephews and nieces of the decedent survive and are willing and qualified to inherit. The rule on proximity applies. (The relatives in the direct ascending shall exclude relatives in the collateral line.)