1. General Provisions; Relationship; Right of Representation

E. Absentees (Civil Code, arts. 381-396)

> Article 381. When a person disappears from his domicile, his whereabouts being unknown, and without leaving an agent to administer his property, the judge, at the instance of an interested party, a relative, or a friend, may appoint a person to represent him in all that may be necessary. This same rule shall be observed when under similar circumstances the power conferred by the absentee has expired. (181a) Article 382. The appointment referred to in the preceding article having been made, the judge shall take the necessary measures to safeguard the rights and interests of the absentee and shall specify the powers, obligations and remuneration of his representative, regulating them, according to the circumstances, by the rules concerning guardians. (182) Article 383. In the appointment of a representative, the spouse present shall be preferred when there is no legal separation. If the absentee left no spouse, or if the spouse present is a minor, any competent person may be appointed by the court. (183a) Article 384. Two years having elapsed without any news about the absentee or since the receipt of the last news, and five years in case the absentee has left a person in charge of the administration of his property, his absence may be declared. (184)

Article 385. The following may ask for the declaration of absence:

(1) The spouse present;

(2) The heirs instituted in a will, who may present an authentic copy of the same;

(3) The relatives who may succeed by the law of intestacy;

(4) Those who may have over the property of the absentee some right subordinated to the condition of his death. (185) Article 386. The judicial declaration of absence shall not take effect until six months after its publication in a newspaper of general circulation. (186a)

Article 387. An administrator of the absentee's property shall be appointed in accordance with article 383. (187a)

Article 388. The wife who is appointed as an administratrix of the husband's property cannot alienate or encumber the husband's property, or that of the conjugal partnership, without judicial authority. (188a)

Article 389. The administration shall cease in any of the following cases:

(1) When the absentee appears personally or by means of an agent;

(2) When the death of the absentee is proved and his testate or intestate heirs appear;

(3) When a third person appears, showing by a proper document that he has acquired the absentee's property by purchase or other title.

In these cases the administrator shall cease in the performance of his office, and the property shall be at the disposal of those who may have a right thereto. (190)

Article 390. After an absence of seven years, it being unknown whether or not the absentee still lives, he shall be presumed dead for all purposes, except for those of succession.

The absentee shall not be presumed dead for the purpose of opening his succession till after an absence of ten years. If he disappeared after the age of seventy-five years, an absence of five years shall be sufficient in order that his succession may be opened. (n)

Article 391. The following shall be presumed dead for all purposes, including the division of the estate among the heirs:

(1) A person on board a vessel lost during a sea voyage, or an aeroplane which is missing, who has not been heard of for four years since the loss of the vessel or aeroplane;

(2) A person in the armed forces who has taken part in war, and has been missing for four years;

(3) A person who has been in danger of death under other circumstances and his existence has not been known for four years. (n)

Article 392. If the absentee appears, or without appearing his existence is proved, he shall recover his property in the condition in which it may be found, and the price of any property that may have been alienated or the property acquired therewith; but he cannot claim either fruits or rents. (194)

Article 393. Whoever claims a right pertaining to a person whose existence is not recognized must prove that he was living at the time his existence was necessary in order to acquire said right. (195)

Article 394. Without prejudice to the provision of the preceding article, upon the opening of a succession to which an absentee is called, his share shall accrue to his coheirs, unless he has heirs, assigns, or a representative. They shall all, as the case may be, make an inventory of the property. (196a)

Article 395. The provisions of the preceding article are understood to be without prejudice to the action of petition for inheritance or other rights which are vested in the absentee, his representatives or successors in interest. These rights shall not be extinguished save by lapse of time fixed for prescription. In the record that is made in the Registry of the real estate which accrues to the coheirs, the circumstance of its being subject to the provisions of this article shall be stated. (197)

Article 396. Those who may have entered upon the inheritance shall appropriate the fruits received in good faith so long as the absentee does not appear, or while his representatives or successors in interest do not bring the proper actions. (198)

ABSENTEE - The special status of a person who has left his domicile and thereafter his whereabouts and fate are unknown, it being uncertain whether he is already dead or still alive. (Olaguiviel v. Morada, 63 O.G. 4940)

Kinds of Absence:

• Physical Absence
• Legal Absence

3. Right of Representation

a. In the descending line b. In the collateral line c. Effect of illegitimate filiation of the representative as qualified by the ruling in Aquino v. Aquino, G.R. Nos. 208912 and 209018, December 7, 2021

C. Intestate Succession

• Causes of Intestacy and Relationship – Civil Code, arts. 960-969
• Right of Representation – Civil Code, arts. 970-977
• Order of Intestate Succession – Civil Code, arts. 978-1014

Civil Code, arts. 960 - 1014

CHAPTER 3

Legal or Intestate Succession

SECTION 1

General Provisions

Article 960. Legal or intestate succession takes place:

(1) If a person dies without a will, or with a void will, or one which has subsequently lost its validity;

(2) When the will does not institute an heir to, or dispose of all the property belonging to the testator. In such case, legal succession shall take place only with respect to the property of which the testator has not disposed;

(3) If the suspensive condition attached to the institution of heir does not happen or is not fulfilled, or if the heir dies before the testator, or repudiates the inheritance, there being no substitution, and no right of accretion takes place;

(4) When the heir instituted is incapable of succeeding, except in cases provided in this Code. (912a)

Article 961. In default of testamentary heirs, the law vests the inheritance, in accordance with the rules hereinafter set forth, in the legitimate and illegitimate relatives of the deceased, in the surviving spouse, and in the State. (913a)

Article 962. In every inheritance, the relative nearest in degree excludes the more distant ones, saving the right of representation when it properly takes place.

Relatives in the same degree shall inherit in equal shares, subject to the provisions of article 1006 with respect to relatives of the full and half blood, and of article 987, paragraph 2, concerning division between the paternal and maternal lines. (912a)

SUBSECTION 1. Relationship

Article 963. Proximity of relationship is determined by the number of generations. Each generation forms a degree. (915)

Article 964. A series of degrees forms a line, which may be either direct or collateral.

A direct line is that constituted by the series of degrees among ascendants and descendants.

A collateral line is that constituted by the series of degrees among persons who are not ascendants and descendants, but who come from a common ancestor. (916a)

Article 965. The direct line is either descending or ascending.

The former unites the head of the family with those who descend from him.

The latter binds a person with those from whom he descends. (917)

Article 966. In the line, as many degrees are counted as there are generations or persons, excluding the progenitor.

In the direct line, ascent is made to the common ancestor. Thus, the child is one degree removed from the parent, two from the grandfather, and three from the great-grandparent.

In the collateral line, ascent is made to the common ancestor and then descent is made to the person with whom the computation is to be made. Thus, a person is two degrees removed from his brother, three from his uncle, who is the brother of his father, four from his first cousin, and so forth. (918a)

Article 967. Full blood relationship is that existing between persons who have the same father and the same mother.

Half blood relationship is that existing between persons who have the same father, but not the same mother, or the same mother, but not the same father. (920a)

Article 968. If there are several relatives of the same degree, and one or some of them are unwilling or incapacitated to succeed, his portion shall accrue to the others of the same degree, save the right of representation when it should take place. (922)

Article 969. If the inheritance should be repudiated by the nearest relative, should there be one only, or by all the nearest relatives called by law to succeed, should there be several, those of the following degree shall inherit in their own right and cannot represent the person or persons repudiating the inheritance. (923)

SUBSECTION 2. Right of Representation

Article 970. Representation is a right created by fiction of law, by virtue of which the representative is raised to the place and the degree of the person represented, and acquires the rights which the latter would have if he were living or if he could have inherited. (942a)

Article 971. The representative is called to the succession by the law and not by the person represented. The representative does not succeed the person represented but the one whom the person represented would have succeeded. (n)

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. (925)

Article 973. In order that representation may take place, it is necessary that the representative himself be capable of succeeding the decedent. (n)

Article 974. Whenever there is succession by representation, the division of the estate shall be made per stirpes, in such manner that the representative or representatives shall not inherit more than what the person they represent would inherit, if he were living or could inherit. (926a)

Article 975. When children of one or more brothers or sisters of the deceased survive, they shall inherit from the latter by representation, if they survive with their uncles or aunts. But if they alone survive, they shall inherit in equal portions. (927)

Article 976. A person may represent him whose inheritance he has renounced. (928a)

Article 977. Heirs who repudiate their share may not be represented. (929a)

SECTION 2

Order of Intestate Succession

SUBSECTION 1. Descending Direct Line

Article 978. Succession pertains, in the first place, to the descending direct line. (930)

Article 979. Legitimate children and their descendants succeed the parents and other ascendants, without distinction as to sex or age, and even if they should come from different marriages.

An adopted child succeeds to the property of the adopting parents in the same manner as a legitimate child. (931a)

Article 980. The children of the deceased shall always inherit from him in their own right, dividing the inheritance in equal shares. (932)

Article 981. Should children of the deceased and descendants of other children who are dead, survive, the former shall inherit in their own right, and the latter by right of representation. (934a)

Article 982. The grandchildren and other descendants shall inherit by right of representation, and if any one of them should have died, leaving several heirs, the portion pertaining to him shall be divided among the latter in equal portions. (933)

Article 983. If illegitimate children survive with legitimate children, the shares of the former shall be in the proportions prescribed by article 895. (n)

Article 984. In case of the death of an adopted child, leaving no children or descendants, his parents and relatives by consanguinity and not by adoption, shall be his legal heirs. (n)

SUBSECTION 2. Ascending Direct Line

Article 985. In default of legitimate children and descendants of the deceased, his parents and ascendants shall inherit from him, to the exclusion of collateral relatives. (935a)

Article 986. The father and mother, if living, shall inherit in equal shares.

Should one only of them survive, he or she shall succeed to the entire estate of the child. (936)

Article 987. In default of the father and mother, the ascendants nearest in degree shall inherit.

Should there be more than one of equal degree belonging to the same line they shall divide the inheritance per capita; should they be of different lines but of equal degree, one-half shall go to the paternal and the other half to the maternal ascendants. In each line the division shall be made per capita. (937)

SUBSECTION 3. Illegitimate Children

Article 988. In the absence of legitimate descendants or ascendants, the illegitimate children shall succeed to the entire estate of the deceased. (939a)

Article 989. If, together with illegitimate children, there should survive descendants of another illegitimate child who is dead, the former shall succeed in their own right and the latter by right of representation. (940a)

Article 990. The hereditary rights granted by the two preceding articles to illegitimate children shall be transmitted upon their death to their descendants, who shall inherit by right of representation from their deceased grandparent. (941a)

Article 991. If legitimate ascendants are left, the illegitimate children shall divide the inheritance with them, taking one-half of the estate, whatever be the number of the ascendants or of the illegitimate children. (942, 841a)

Article 992. An illegitimate child has no right to inherit ab intestato from the legitimate children and relatives of his father or mother; nor shall such children or relatives inherit in the same manner from the illegitimate child. (943a)

Under Aquino v. Aquino, G.R. No. 208912, December 7, 2021, Article 992 does not bar an illegitimate child from inheriting from a direct ascendant by right of representation.

Article 993. If an illegitimate child should die without issue, either legitimate or illegitimate, his father or mother shall succeed to his entire estate; and if the child's filiation is duly proved as to both parents, who are both living, they shall inherit from him share and share alike. (944a)

Article 994. In default of the father or mother, an illegitimate child shall be succeeded by his or her surviving spouse who shall be entitled to the entire estate.

If the widow or widower should survive with brothers and sisters, nephews and nieces, she or he shall inherit one-half of the estate, and the latter the other half. (945a)

SUBSECTION 4. Surviving Spouse

Article 995. In the absence of legitimate descendants and ascendants, and illegitimate children and their descendants, whether legitimate or illegitimate, the surviving spouse shall inherit the entire estate, without prejudice to the rights of brothers and sisters, nephews and nieces, should there be any, under article 1001. (946a)

Article 996. If a widow or widower and legitimate children or descendants are left, the surviving spouse has in the succession the same share as that of each of the children. (834a)

Article 997. When the widow or widower survives with legitimate parents or ascendants, the surviving spouse shall be entitled to one-half of the estate, and the legitimate parents or ascendants to the other half. (836a)

Article 998. If a widow or widower survives with illegitimate children, such widow or widower shall be entitled to one-half of the inheritance, and the illegitimate children or their descendants, whether legitimate or illegitimate, to the other half. (n)

Article 999. When the widow or widower survives with legitimate children or their descendants and illegitimate children or their descendants, whether legitimate or illegitimate, such widow or widower shall be entitled to the same share as that of a legitimate child. (n)

Article 1000. If legitimate ascendants, the surviving spouse, and illegitimate children are left, the ascendants shall be entitled to one-half of the inheritance, and the other half shall be divided between the surviving spouse and the illegitimate children so that such widow or widower shall have one-fourth of the estate, and the illegitimate children the other fourth. (841a)

Article 1001. 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 half. (953, 837a)

Article 1002. In case of a legal separation, if the surviving spouse gave cause for the separation, he or she shall not have any of the rights granted in the preceding articles. (n)

SUBSECTION 5. Collateral Relatives

Article 1003. If there are no descendants, ascendants, illegitimate children, or a surviving spouse, the collateral relatives shall succeed to the entire estate of the deceased in accordance with the following articles. (946a)

Article 1004. Should the only survivors be brothers and sisters of the full blood, they shall inherit in equal shares. (947)

Article 1005. Should brothers and sisters survive together with nephews and nieces, who are the children of the decedent's brothers and sisters of the full blood, the former shall inherit per capita, and the latter per stirpes. (948)

Article 1006. Should brother and sisters of the full blood survive together with brothers and sisters of the half blood, the former shall be entitled to a share double that of the latter. (949)

Article 1007. In case brothers and sisters of the half blood, some on the father's and some on the mother's side, are the only survivors, all shall inherit in equal shares without distinction as to the origin of the property. (950)

Article 1008. Children of brothers and sisters of the half blood shall succeed per capita or per stirpes, in accordance with the rules laid down for brothers and sisters of the full blood. (915)

Article 1009. Should there be neither brothers nor sisters nor children of brothers or sisters, the other collateral relatives shall succeed to the estate.

The latter shall succeed without distinction of lines or preference among them by reason of relationship by the whole blood. (954a)

Article 1010. The right to inherit ab intestato shall not extend beyond the fifth degree of relationship in the collateral line. (955a)

SUBSECTION 6. The State

Article 1011. In default of persons entitled to succeed in accordance with the provisions of the preceding Sections, the State shall inherit the whole estate. (956a)

Article 1012. In order that the State may take possession of the property mentioned in the preceding article, the pertinent provisions of the Rules of Court must be observed. (958a)

Article 1013. After the payment of debts and charges, the personal property shall be assigned to the municipality or city where the deceased last resided in the Philippines, and the real estate to the municipalities or cities, respectively, in which the same is situated.

If the deceased never resided in the Philippines, the whole estate shall be assigned to the respective municipalities or cities where the same is located.

Such estate shall be for the benefit of public schools, and public charitable institutions and centers, in such municipalities or cities. The court shall distribute the estate as the respective needs of each beneficiary may warrant.

The court, at the instance of an interested party, or on its own motion, may order the establishment of a permanent trust, so that only the income from the property shall be used. (956a)

Article 1014. If a person legally entitled to the estate of the deceased appears and files a claim thereto with the court within five years from the date the property was delivered to the State, such person shall be entitled to the possession of the same, or if sold, the municipality or city shall be accountable to him for such part of the proceeds as may not have been lawfully spent. (n)

Legal or Intestate Succession – Takes place by operation of law in the cases specified in Civil Code, Article 960, including when there is no valid will or when a valid will does not dispose of the entire estate. (Paras, supra)

Relationship

Proximity of relationship is determined by the number of generations. (Art. 963)

Degree – One generation

Provisional absence

• When a person disappears from his domicile
• His whereabouts are unknown; and
• he did not leave any agent; or
• he left an agent but the agent’s power has expired.

Q: What is the remedy of an interested party, a relative or a friend of the absentee to protect the latter's interest?

A: They may petition the Court for the appointment of a representative to represent the absentee in all that may be necessary.

Requisites for Natural Persons

In order to be capacitated to inherit, the heir, devisee or legatee must be living at the moment the succession opens, except in case of representation, when it is proper. (Art. 1025, par 1) A child already conceived at the time of the death of the decedent is capable of succeeding provided it be born later under the conditions prescribed in Article 41 of the Civil Code. (Art. 1025, par 2)

Full Blood Relationship

Full blood relationship is that existing between persons who have the same father and the same mother. (Art. 967, par. 1)

Order of preference in the appointment of a representative

• Spouse present, except, when legally separated.
• If the absentee left no spouse, or if the spouse present is a minor, any competent person may be appointed by the court. (NCC, Art. 383)

NOTE: The administrator of the absentee's property shall be appointed in accordance with the same order.

Declaration of Absence

Half Blood Relationship

Half-blood relationship is that existing between persons who have the same father, but not the same mother, or the same mother, but not the same father. (Art. 967, par. 2)

Importance of Distinction Between Full Blood and Half Blood Relationship (Arts. 1006, 1008)

Ratio of 2:1 for full-blood and half-blood relationship in Articles 1006 and 1008, for brothers and sisters and nephews and nieces.

Essential Elements (CROW)

• Consent of the parties to establish the relationship;
• Object or subject matter of the contract is the execution of a juridical act in relation to third persons;
• Agent acts as a Representative and not for himself; and
• Agent acts Within the scope of his authority. (Rallos v. Felix Go Chan & Sons Realty Corp., G.R. No. L-24332, January 31, 1978.)

Four Basic Rules of Intestacy

• Rule of Relationship – the heirs must be related to the decedent

Four Kinds of Relationships

• Ascendants and Descendants;
• Collaterals;
• Marriage;
• Rule of Preference of Lines – the descending line excludes the ascending and the collateral, and the ascending excludes the collateral. (Art. 965)

The State is a possible intestate successor.

Three lines of relationship

• Descending line
• Ascending line
• Collateral line
• Rule of Proximity of Degree – the nearer exclude the more remote, without prejudice to representation. (Art. 962, par. 1)

The rule on proximity is a concept that favors the relatives nearest in degree to the decedent and excludes the more distant ones except when and to the extent that the right of representation can apply… Respondent, being a relative within the third civil degree, of the late Augusto H. Piedad excludes petitioner, a relative of the fifth degree, from succeeding an intestato to the estate of the decedent. (Bagunu v. Piedad, G.R. No. 140975, 08 December 2000)

• Rule of Equality Among Relatives of the Same Degree – relatives of equal degree inherit in equal shares, subject to the exceptions provided by law. (Art. 962, par. 2)

Exceptions to the Rule of Equality in the Same Degree

• The rule of preference of lines;

Note: The direct line is preferred over the collateral, even if they are of the same degree

• The distinction between legitimate and illegitimate filiation;
• The rule of division by line in the ascending line;
• The distinction between full-blood and halfblood relationship among brothers and sisters, as well as nephews and nieces;
• Representation; and
• Concurrence of nephews and nieces and uncles and aunts (Paras, supra)

Prescriptive Period

The action for a declaration of incapacity and recovery of the inheritance, devise or legacy shall be 5 years from the time the disqualified person took possession thereof. (Art. 1040)

NOTE: It may be brought by any one who may have an interest in the succession. (Art. 1040)

Right of Representation in Testacy and Intestacy

Representation - a right created by fiction of law, by virtue of which the representative is raised to the place and the degree of the person represented, and acquires the rights which the latter would have if he were living or if he could have inherited. (Art. 970; Tumbokon v. Legaspi, G.R. No. 153736)

In order that representation may take place, it is necessary that the representative himself be capable of succeeding the decedent. (Art. 973)

Representation only applies in compulsory and intestate succession in the direct descending line (Art. 972) and in one instance in the collateral line in the case of nephews and nieces representing brothers and sisters of the deceased (Art. 975)

In the collateral line, the right of representation extends no further than the nephews and nieces. Grandnephews and grandnieces are not entitled to inherit by right of representation in the collateral line. (In re: Intestate Estates of Delgado & Rustia v. Heirs of Vda. De Damian, G.R. No. 155733)

NOTE: There is no representation in testamentary succession and in any type of succession in the direct ascending line. (Paras, supra)

Instances When Representation Operates (PID)

• Predecease;
• Incapacity or unworthiness;
• Disinheritance (Paras, supra)

NOTE: Representation does not apply in renunciation. (Art. 977) ??

Right of Representation of Illegitimate Children (Art. 902)

The rights of illegitimate children set forth in the articles on legitimes and intestate succession are transmitted upon their death to their descendants, whether legitimate or illegitimate.

Right of representation

Representation of and by an Adopted Child

An adopted child may be represented by his/her descendants. (Balane, supra at p. 484)

An adopted child cannot represent his/her adopter in the estate of his/her adopter’s grandparents because the relationship between the adopter and the adopted does not go beyond their relatives of either party. (Teotico v. Del Val, G.R. No. L-18753)

Nonetheless, an adopted child succeeds to the property of the adopting parents in the same manner as a legitimate child. (Art. 979, par. 2)

Representation by a Renouncer

A renouncer cannot be represented; however, he can represent the person whose inheritance he has renounced. (Art. 976)

Operation of Representation

Per stirpes – The representative or representatives receive only what the person represented would have received. If there are more than one representative in the same degree, then the portion is divided equally, without prejudice to the distinction between legitimate and illegitimate children, when applicable. (Balane, supra)

Representation

Right of Accretion in Testamentary Succession and in Intestacy

Accretion – A right by virtue of which, when two or more persons are called to the same inheritance, devise or legacy, the part assigned to the one who renounces or cannot receive his share, or who died before the testator, is added or incorporated to that of his co-heirs, co-devisees, or co-legatees. (Art. 1015)

Elements of Accretion in Testamentary Succession (Art. 1016)

• That two or more persons be called to the same inheritance, or to the same portion, pro indiviso; and
• That one of the persons thus called die before the testator, or renounce the inheritance, or be incapacitated to receive it.

Meaning of Pro Indiviso (Balane, supra)

• Undivided or in common
• Either the co-heirs are instituted without individual designation of shares; or
• The co-heirs are instituted with the specification that they share equally
• The co-heirs are instituted with unequal fractional shares.

Instances when Accretion operates in Testamentary Succession (Balane, supra)

• Renunciation;
• Predecease;
• Incapacity

NOTE: Provided, only some, not all of the instituted heirs renounce, predecease, or are incapacitated to succeed. (Balane, supra)

Effect of Issuance of a Special Power of Attorney

The general power is impliedly revoked as to matters covered by the special power granted to another agent (CIVIL CODE, Art. 1926)

Successional Rights are Intransmissible

An heir, whether compulsory, voluntary, or legal, transmits nothing to his heirs, in case of predecease, incapacity, renunciation, or disinheritance. However, in case of predecease or incapacity of compulsory or legal heirs, as well as disinheritance of compulsory heirs, the rules on representation shall apply.

There is Right of Representation for Compulsory Heirs under the ff:

• Predecease;
• Incapacity
• Disinheritance (Art. 859)

No Right of Representation for Testamentary / Voluntary Heirs

There is Right of Representation for Legal / Intestate Heirs under the ff:

• Predecease
• Incapacity

Compulsory Heirs (Art. 887)

• Legitimate or adopted children and/or legitimate descendants.

NOTE: The nearer exclude the more remote. Hence, children exclude grandchildren, except when the rule on representation is proper.

• Legitimate parents and/or ascendants, parents of illegitimate children.

NOTE: Legitimate parents and ascendants are compulsory heirs only in default of legitimate children and descendants (Art. 887). Parents of illegitimate children are excluded by both legitimate and illegitimate children (Art. 903). The illegitimate ascending line does not go beyond the parents

• Surviving spouse

NOTE: The marriage between the decedent and the surviving spouse must either be valid or voidable. If voidable, there should have been no final decree of annulment at the time of the decedent’s death.

Separation de facto is not a ground for the disqualification of the surviving spouse as heir.

Effect of decree of legal separation:

• On the offending spouse – disqualified from inheriting
• On the innocent spouse – no effect
• If after the final decree of separation there was a reconciliation between the spouses, the reciprocal right to succeed is restored.
• Illegitimate children and/or descendants

NOTE: In all cases of illegitimate children, their filiation must be duly proved. (Art. 887)

As to illegitimate descendants the rule is also the nearer exclude the more remote, without prejudice to representation when proper.

Representation Among the Reservatarios

There is a right of representation on the part of reservatarios who are relatives of the prepositus within the third degree. These reservatarios have the right to represent their ascendants. (Florentino v. Florentino, G.R. No. 14856)

Relatives within the 4th and succeeding degrees cannot be considered reservatarios. They cannot claim representation of their predecessors since the right granted in Art. 891 is a personal right. Nephews and nieces of the prepositus are within the third degree and have the right to represent their fathers or mothers who are brothers and sisters of the prepositus. (Mendoza v. De los Santos, G.R. No. 176422)

Among collateral reservatarios, nephews and nieces within the third degree may represent a sibling of the prepositus; each claimed reservatario must qualify under Article 891. (Balane, supra)