CIVIL LAW > VI. WILLS AND SUCCESSION > Rule of Preference of Lines

The Rule of Preference of Lines in succession law governs the hierarchical order by which heirs are called to inherit in both testate (with a will) and intestate (without a will) succession. This rule is grounded in the Civil Code of the Philippines, specifically Articles 962 to 1014, and ensures a clear system for determining who has priority in inheriting from a decedent. Below is a meticulous breakdown:

1. Definition of the Rule of Preference of Lines

The rule stipulates that heirs are called to succeed in a preferential order, following the principle of proximity of relationship to the decedent and the exclusionary nature of certain classes of heirs.

2. Applicability in Testate and Intestate Succession

Testate Succession: The decedent's last will and testament primarily determine the distribution of the estate, subject to mandatory provisions protecting compulsory heirs (Articles 885, 886, 887).
Intestate Succession: When no valid will exists or certain portions are not covered by a will, intestate succession rules apply, and the preference of lines is critical (Articles 960-1014).

3. General Order of Preference

The Civil Code establishes the following preference in succession:

a. Descending Direct Line (Article 962)

Children and their descendants have the first right to inherit.
Legitimate children exclude illegitimate children but share with compulsory heirs, as provided by law.

b. Ascending Direct Line

If there are no descendants, the parents and other ascendants inherit.
Closer ascendants (e.g., parents) exclude more remote ascendants (e.g., grandparents).

c. Collateral Relatives

If there are no descendants or ascendants, siblings and their descendants (collateral relatives up to the 5th degree) are called to inherit.

d. The State (Article 1011)

If there are no heirs within the 5th degree, the estate escheats to the State.

4. Rules of Exclusion

Closer Relatives Exclude More Remote Ones (Article 962): The rule ensures that nearer relatives exclude more distant relatives within the same line.
Preference of Lines: Descendants exclude ascendants and collaterals; ascendants exclude collaterals.

Example:

If a decedent leaves a child and a surviving parent, the child inherits to the exclusion of the parent.
If only siblings and grandparents remain, the grandparents inherit first.

5. Special Considerations

a. Concurrence of Heirs

In some cases, heirs from different lines may inherit together:
- Parents and Illegitimate Children (Article 895): If the decedent has illegitimate children and surviving parents, they share the estate but in unequal shares (e.g., 2:1 ratio in favor of illegitimate children).

b. Representation (Articles 970-977)

Descendants of predeceased children can inherit in their place by the right of representation.
Representation only applies in the direct descending and collateral lines (e.g., nephews/nieces inherit in place of a deceased sibling).

c. Equality Among Collateral Relatives

Among siblings, legitimate siblings inherit equally (Article 1006). Illegitimate siblings inherit but receive half the share of legitimate siblings (Article 992).

6. Compulsory Heirs and the Legitime

Compulsory Heirs (Article 887): These are heirs that cannot be deprived of their share except under certain conditions. They include:
- Legitimate children and descendants.
- Parents and ascendants.
- Surviving spouse.
- Illegitimate children.
Legitime: A portion of the estate reserved by law for compulsory heirs, reducing the disposable portion of the estate.

Example:

A decedent with P1,000,000 in assets and two legitimate children:
- Legitime for each child: 1/2 of the estate.
- Disposable portion: 1/2 of the estate.

7. Escheat to the State (Article 1011)

When no heirs exist:

The entire estate escheats to the State under conditions outlined in Article 1011.

8. Jurisprudential Clarifications

Illegitimate Heirs (Article 992): Illegitimate children have no inheritance rights from legitimate relatives of their parents.
Surviving Spouse's Share: The surviving spouse always has a right to inherit, but their share depends on the concurrence of other heirs (Articles 996-997).

9. Examples of Preference Application

Example 1: Decedent with Surviving Children and Parents

Children exclude the parents; the entire estate goes to the children.

Example 2: Decedent with No Children, Surviving Spouse, and Siblings

The surviving spouse shares with siblings, following the proportions under Articles 996 and 1001.

Example 3: Decedent with Predeceased Child and Grandchildren

Grandchildren inherit by right of representation in equal shares.

10. Practical Implications

Lawyers and estate planners must carefully analyze family relationships and apply the rule of preference of lines to ensure lawful and equitable distribution. This involves:

Determining the rightful heirs.
Calculating the legitime and disposable portions.
Resolving disputes involving exclusions and inclusions.

By strictly adhering to the Rule of Preference of Lines, the Civil Code ensures both equity and legal predictability in succession matters.