78. Bagunu vs.

Piedad (* Right of representation) 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
By right of representation, a more distant blood relative of a decedent is, by operation of law,
"raised to the same place and degree" of relationship as that of a closer blood relative of the same
decedent. The representative thereby steps into the shoes of the person he represents and
succeeds, not from the latter, but from the person to whose estate the person represented would
have succeeded
In the direct line, right of representation is proper only in the descending, never in the ascending,
line. In the collateral line, the right of representation may only take place in favor of the children
of brothers or sisters of the decedent when such children survive with their uncles or aunts.
79. Salao vs. Salao (* Representation in collateral lines) The nephew would exclude a
grandniece or great grandnephews to succession because the right of representation in the
collateral line takes place only in favor of the children of brothers or sisters, whether they be of
the full or half blood. (Art 972)
25. Lopez vs. Liboro (* Signing with a thumbark; substantial compliance) A statute requiring a
will to be "signed" is satisfied if the signature is made by the testator's mark, and in this case a
thumb mark, to which the court said is a matter of taste or preference.
12. Estate of the Deceased Victorina Villaranda, Eusebio Lim vs. Juliana Chinco
(TESTAMENTARY CAPACITY). There is no testamentary capacity if the person was in a
continuous state of coma, did not have command over her faculties to perform any valid act or
was unable to utter intelligible speech as testified by Doctors who took care of the testator or
people who knew and took care of the ailing testator.
13. Agustin Barrera vs. Jose Tampoco (TESTAMENTARY CAPACITY)
90. Fuentes vs Cruz no case