Dear PAO,

Last month, my eldest brother suddenly passed away due to a vehicular accident. Since our parents had already passed away 10 years ago, my two other sisters and I were living with him until his death. He had a girlfriend but without children. Now, his girlfriend is claiming that she has all the right to inherit my brother’s parcel of land located in Tagaytay and all his other personal properties. Is this correct?

Quiera

Dear Quiera,

Please be informed that under the law, siblings are considered as collateral relatives of a deceased person. Under Article 1003 of the New Civil Code of the Philippines, a collateral relative can only inherit from the deceased if the latter has no spouse, parents, grandparents, or legitimate or illegitimate child. The said law provides:

“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.” (Emphasis supplied)

Based on the foregoing provisions of the law, since your late brother did not marry his girlfriend and did not actually become his wife to qualify her as a compulsory heir, she has no inherent right to claim inheritance or share in your brother’s properties. Corollary thereto, since your brother did not beget any children, your parents are already dead, and there is no mention of any other living ascendants, you and your two other sisters, as his collateral relatives, have the right to inherit the properties of your late brother.

In addition, please be informed that Article 1004 of the same law states:

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

Therefore, considering that you and your two other sisters were the full-blood sisters of your late brother, the three of you shall inherit in equal shares from his estate after the collation of all his properties and settlement of his obligations.

We hope that we were able to answer your queries. Please be reminded that this advice is based solely on the facts you have narrated and our appreciation of the same. Our opinion may vary when other facts are changed or elaborated.