CIVIL LAW

VI. WILLS AND SUCCESSION

C. Provisions Common to Testate and Intestate Succession

3. Right of Representation

b. In the Collateral Line

The right of representation is a legal mechanism in succession law where the representative is called to inherit in the place of the person he/she represents, if the latter is unable to succeed (due to predecease, incapacity, or disinheritance). This principle applies differently depending on whether the succession is in the direct descending line or the collateral line.

Right of Representation in the Collateral Line

Legal Basis
- The right of representation in the collateral line is governed by Article 972 of the Civil Code of the Philippines, which states:
  
  "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 of the decedent, whether they be full or half-blood."
This provision explicitly limits the application of the right of representation in the collateral line to a specific class of successors.

Scope of Application
- Representation Limited to Nephews and Nieces
  The right of representation in the collateral line operates exclusively in favor of the children of brothers or sisters of the decedent (nephews and nieces). Other collateral relatives, such as cousins, aunts, and uncles, are not entitled to inherit by representation.
- Full-Blood and Half-Blood Relatives
  Nephews and nieces, whether full-blood or half-blood, can inherit by representation. However, there are nuances in how their shares are determined:
  - Article 982 of the Civil Code provides that full-blood relatives are entitled to double the share of half-blood relatives.

Requisites for the Right of Representation
For the right of representation to apply in the collateral line, the following must be present:
- Existence of a Predeceased Brother or Sister of the Decedent
  Representation arises because the decedent's brother or sister (the representative's parent) is deceased, incapacitated, or disinherited.
- Existence of Nephews or Nieces
  The children of the deceased brother or sister (nephews or nieces) are the ones who may represent their parent.
- Absence of Direct Descendants
  Representation in the collateral line occurs only when the decedent has no direct descendants. If the decedent has children or grandchildren, these direct descendants inherit, excluding collateral relatives.

Rules of Distribution
- Per Stirpes Distribution
  Representation operates on the principle of per stirpes (by branch). Each branch of the family inherits the share that their parent (the predeceased sibling of the decedent) would have received if alive.
  - Example:
    If a decedent has two predeceased siblings (one with two children and the other with three children), the two children in the first branch will divide one-half of the estate, while the three children in the second branch will divide the other half.
- Equality Among Representatives Within the Same Branch
  The children of the same predeceased sibling share equally the portion of the estate that their parent would have inherited.

Limitation to Specific Relatives
- Exclusion of Other Collateral Relatives
  Only nephews and nieces (children of siblings) are covered by the right of representation in the collateral line. Cousins, grandnephews, grandnieces, and other relatives outside this scope do not inherit by representation, as expressly stated in Article 972.

Special Rules for Half-Blood Relatives
- When nephews and nieces inherit by representation and there are differences in blood relationship to the decedent:
  - Full-blood nephews and nieces inherit twice as much as half-blood nephews and nieces, as per Article 982.
  - The share of half-blood relatives is calculated after determining the shares per stirpes for each branch.

Intestate Succession and Representation in Collateral Line
In the absence of a valid will, representation in the collateral line occurs under the rules of intestate succession, with nephews and nieces stepping into the share of their predeceased parent (the decedent’s sibling).

Illustrative Examples

Example 1: Equal Branches

Decedent: No spouse, no children, no parents.
Siblings: One living sibling, one deceased sibling with two children.
- The estate is divided:
  - 1/2 to the living sibling.
  - 1/2 to the children of the deceased sibling (1/4 each).

Example 2: Unequal Representation (Full-Blood and Half-Blood)

Decedent: No spouse, no children, no parents.
Siblings: One deceased full-blood sibling with two children and one deceased half-blood sibling with one child.
- The estate is divided:
  - The branch of the full-blood sibling gets 2/3.
  - The branch of the half-blood sibling gets 1/3.
  - Within the full-blood branch, the two children divide 2/3 equally (1/3 each).
  - The child of the half-blood sibling inherits 1/3.

Summary of Key Points

Representation in the collateral line is limited to nephews and nieces (children of siblings).
It applies only when the sibling of the decedent is predeceased, incapacitated, or disinherited.
The principle of per stirpes governs distribution.
Full-blood relatives receive double the share of half-blood relatives.
Representation is strictly limited and does not extend to other collateral relatives such as cousins.

This topic is foundational in the law of succession and ensures equity among descendants of predeceased siblings within the specific limitations set by the Civil Code.