Linart v. Ugarte
REITERATIONFacts
The Antecedents: Ramon Iturralde y Gonzalez died intestate on December 28, 1900. Maria Juana Ugarte e Iturralde, a niece of the deceased (daughter of his sister Maria Juana Iturralde y Gonzalez), petitioned to be declared the sole legitimate heir. She was declared heir on January 31, 1901, without prejudice to third parties. Procedural History: In December 1904, Carmen Linart, through her guardian Rafaela Pavia, claimed one-half of the estate. Carmen Linart is the grandniece of the deceased, being the daughter of Pablo Linart, who was the son of Maria Josefa Iturralde y Gonzalez, another sister of the deceased. Carmen Linart did not deny that Maria Juana Ugarte e Iturralde was declared the lawful heir but asked for an accounting. The court below, on February 24, 1905, ruled that Carmen Linart had the same right to participate in the inheritance as Maria Juana Ugarte e Iturralde and ordered an accounting, enjoining Maria Juana Ugarte e Iturralde from disposing of the estate. The Petition: Maria Juana Ugarte e Iturralde appealed the decision of the court below, arguing that Carmen Linart, as a grandniece, was not entitled to inherit alongside her, a niece, in an intestate succession.
Issue(s)
Whether a grandniece can inherit in intestate succession alongside a niece. Whether the right of representation in the collateral line extends to grandchildren of siblings.
Ruling
The Supreme Court reversed the judgment of the court below. It declared that Carmen Linart has no right to succeed to the estate of the deceased Ramon Iturralde y Gonzalez alongside Maria Juana Ugarte e Iturralde. The injunction against Maria Juana Ugarte e Iturralde was dissolved.
Ratio Decidendi
On the issue of whether a grandniece can inherit in intestate succession alongside a niece: The Court held that in intestate succession, the relative nearest in degree excludes those more distant, except for the right of representation in proper cases, as provided by Article 921, paragraph 1 of the Civil Code. Maria Juana Ugarte e Iturralde, being a niece, is a nearer relative to the deceased than Carmen Linart, who is a grandniece. Therefore, the niece excludes the grandniece. On the issue of whether the right of representation in the collateral line extends to grandchildren of siblings: The Court clarified that Article 925, paragraph 2 of the Civil Code limits the right of representation in the collateral line to the children of brothers or sisters of the intestate. Carmen Linart's father, Pablo Linart, was a son of a sister of the deceased, making Carmen a grandchild of a sibling. The right of representation would only have applied if Pablo Linart had survived the deceased, in which case he would have inherited with his cousin, Maria Juana Ugarte, and Carmen could have inherited by representation from her father. The term "children" in this context does not include "grandchildren" in intestate succession. The Court distinguished this from testate succession where the testator's intent might include grandchildren under the term "children."
Main Doctrine
In intestate succession, the relative nearest in degree excludes those more distant, with the exception of the right of representation in proper cases. In the collateral line, the right of representation is limited to the children of brothers or sisters of the intestate, and does not extend to grandchildren of siblings.