INTESTATE OF THE DECEASED ENCARNACION SAENZ DE VIZMANOS. MIGUEL VELAZCO Y CUARTERONI, PETITIONER AND APPELLEE, VS. REMEDIOS VIZMANOS ET AL., CLAIMANTS AND APPELLANTS.

OSTRAND, J.:


Encarnacion Saenz de Vizmanos died intestate on November 16, 1921, leaving no
heirs by force of law (herederos forzosos). The appellee was appointed
the administrator of the estate of the deceased and, in the administration
proceedings, the Court of First Instance issued an order of distribution in
which certain collateral relatives of the deceased in the fourth degree were
declared heirs. The appellants herein are relatives in the sixth degree and
claim participation in the inheritance, but were excluded therefrom in the order
of the distribution.

There is no dispute as to the fact that the persons declared heirs are nearer
to the deceased in relationship than are the appellants, but counsel for the
latter argues strenuously that the former were not properly represented in the
administration proceedings and that, therefore, the court had no jurisdiction
over them and could not properly declare them heirs.

There is, of course, no merit whatever in this contention. Under articles
657, 658, and 661 of the Civil Code, the title to the inheritance is transmitted
to the heirs immediately upon the death of the predecessor and, upon sufficient
proof that certain persons are the heirs of the deceased, it becomes the duty of
the court to order the distribution of the estate to them in the due course of
the administration proceedings no matter whether such persons have formally
appeared in the proceedings or not. The order of distribution appealed from is
in conformity with article 921 of the Civil Code and is hereby affirmed, with
the costs against the appellants. So ordered.

Araullo, C. J., Johnson, Street, Malcolm, Avancena, Johns, and
Romualdez, JJ., concur.