De Los Santos vs Dela Cruz AUTHOR: Buera

G.R. No. Date : GR. No. L 29192; January 22, 1971 Notes: Grandniece vs Nephew
TOPIC: Order of share in the intestate succession
PONENTE: Villamor, J.
CASE LAW/ DOCTRINE:
Article 972. The right of representation takes place in the direct descending line,but never in the ascending. In
the collateral line, it takes place only in favor of the children of brothers or sisters, whether they be of the full or
half blood

EMERGENCY RECIT:
An action for specific performance was filed by the grandniece (Gertrudes) of the deceased against Maximo the
son of the deceaseds niece to make do with the condition agreed upon during the extrajudicial partition wherein
Gertrudes along with several heirs agreed to divide the property of the deceased. This gave Maximo three lots
on top of his share with the condition that he would undertake the development and subdivision of the estate.
Maximo failed to comply with the obligation prompting for the filing of the action for specific performance. In
his answer, he stated that Gertrudes had no cause of action against him because she was not an heir of the
deceased and that her inclusion was by mistake therefore rendering the agreement void. The court ruled that
Gertrudes has no cause of action because being the grandniece she has no right to inherit the court cited A
rticle 972. The right of representation takes place in the direct descending line,but never in the ascending.In the
collateral line, it takes place only in favor of the children of brothers or sisters, whether they be of the full or
half blood. In the case, the nearest relative to the deceased are the nephews and nieces one of them being
Maximo. Hence, Gertrudes is not an heir.

FACTS:
An action for specific performance was filed against Maximo dela Cruz by Gertrudes De Los Santos the
grand niece of the deceased Pelagia dela Cruz. The action was filed since Pelagia died intestate the heirs
including plaintiff and defendant executed an extrajudicial partition. In the said agreement, the parties
agreed to adjudicate three parcels of land to Maximo with the condition that he would undertake its
development and subdivision of the estate. Maximo failed to comply with his obligations hence, the
action for specific performance against him.
In his defense, Maximo alleged that Gertrudes has no cause of action because the agreement is void in
relation to her because she was not an heir of the deceased and that she was included by mistake.

ISSUE(S):
Whether or not Gertrudes being the grandniece of Pelagia is considered an heir

HELD/RATIO:

No. Article 972 provides that the right of representation takes place in the direct descending line,but never in the
ascending.In the collateral line, it takes place only in favor of the children of brothers or sisters, whether they be
of the full or half blood. The court also cited Linart y Pavia vs. Ugarte y Iturralde, 5 Phil., 176 (1905), said,

... [I]n an intestate succession a grandniece of the deceased and not participate with a niece in the inheritance,
because the latter being a nearer relative, the more distant grandniece is excluded. In the collateral line the right
of representation does not obtain beyond sons and daughters of the brothers and sisters, which would have been
the case if Pablo Linart, the father of the plaintiff, had survived his deceased uncle.

In the case, the relatives that are considered within the nearest degree are the nephews and nieces of Pelagia.
One of them is Maximo, hence, Gertrudes cannot be an heir or cannot inherit from Pelagia.