Rule of Proximity and Rule of Equality | Intestate Succession | Different Kinds of Succession | WILLS AND SUCCESSION

CIVIL LAW > VI. WILLS AND SUCCESSION > B. Different Kinds of Succession > 3. Intestate Succession > c. Rule of Proximity and Rule of Equality

Intestate succession governs the distribution of an estate when a person dies without a valid will, or when the will fails to dispose of all the estate. The rules under the Civil Code of the Philippines provide detailed principles to ensure the just and equitable distribution of property. The Rule of Proximity and the Rule of Equality are critical concepts in determining how heirs are prioritized and how the estate is divided among them.

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Rule of Proximity

The Rule of Proximity prioritizes heirs who are nearest in degree to the decedent. It is rooted in the principle that closer relatives should inherit in preference to more remote ones. The Civil Code follows the hierarchical system of succession, which is detailed in Articles 962 to 975 of the Civil Code.

1. General Principle:

   • The nearer relative excludes more distant relatives from inheriting. For example:
     • Children exclude grandchildren.
     • Parents exclude grandparents.

2. Degrees of Relationship:

   • The degree of relationship is determined by the number of generations separating the deceased from the heir. Each generation counts as one degree.
     • Example: A child is in the first degree of relationship to the decedent, while a grandchild is in the second degree.

3. Exclusion by Nearer Degrees:

   • Article 962 of the Civil Code explicitly provides that relatives of a more distant degree are excluded by those of a nearer degree, except in cases where representation is applicable.
     • Representation: In certain cases (e.g., predeceased heirs or those declared incapable), the descendants of the excluded heir may inherit in his/her place, provided they are within the same line.

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Rule of Equality

The Rule of Equality ensures that heirs of the same degree inherit equal shares of the estate. This rule emphasizes the fair and proportionate distribution of property among heirs who are equally related to the decedent.

1. Equal Division Among Heirs of the Same Degree:

   • Heirs in the same degree inherit in equal parts. For example:
     • If the decedent is survived by three children, each child receives an equal share of the estate.

2. Equality in Collateral Relatives:

   • If the decedent has no descendants or ascendants, collateral relatives (e.g., siblings) of the same degree inherit equally.
     • Example: If the decedent is survived by two full-blood siblings, each receives an equal share of the estate.

3. Exclusions and Exceptions:

   • While the Rule of Equality applies to heirs of the same degree, distinctions may arise in certain circumstances:
     • Distinction Between Full-Blood and Half-Blood Relatives (Article 1006):
       • Full-blood siblings receive double the share of half-blood siblings.

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Interplay of Rule of Proximity and Rule of Equality

The Rule of Proximity and the Rule of Equality work together to determine both who inherits and how much they inherit.

1. Rule of Proximity Determines Priority:

   • Only the closest relatives inherit. More remote relatives are excluded unless the nearer relatives are disqualified or incapable of inheriting.
   • Representation allows descendants of predeceased or disqualified heirs to inherit, but only within the direct line.

2. Rule of Equality Determines Distribution:

   • Once the heirs entitled to inherit are identified based on proximity, the estate is divided equally among those heirs of the same degree.

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Illustrative Examples

1. Example of Rule of Proximity:

   • If a decedent dies leaving behind one child and two grandchildren (from a predeceased child):
     • The child inherits the entire estate.
     • The grandchildren are excluded because the child is nearer in degree.

2. Example of Rule of Equality:

   • If a decedent is survived by three children:
     • Each child inherits one-third of the estate.
   • If the decedent has no descendants and is survived by two siblings of full blood:
     • Each sibling inherits half of the estate.

3. Combination of Rules:

   • If a decedent dies with two living children and two grandchildren from a predeceased child:
     • The two living children each receive one-third of the estate.
     • The two grandchildren collectively inherit one-third through representation.

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Important Civil Code Provisions

1. Article 962: The nearer excludes the more remote relative, except in cases of representation.
2. Article 970: Representation applies only in the descending direct line or in the collateral line if siblings of the decedent are predeceased.
3. Article 1003: If there are no descendants, ascendants, or collateral relatives, the estate escheats to the State.
4. Article 1009: In cases involving collateral relatives, the rule on degrees of relationship and distinctions between full-blood and half-blood applies.

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Conclusion

The Rule of Proximity ensures that closer relatives are given priority in intestate succession, while the Rule of Equality safeguards fairness among heirs of the same degree. Together, they uphold the equitable distribution of estates under Philippine civil law. Proper understanding and application of these rules are essential to resolving disputes and ensuring compliance with the law.