CIVIL LAW: VI. WILLS AND SUCCESSION > C. Provisions Common to Testate and Intestate Succession > 1. Rule of Proximity

The Rule of Proximity is a fundamental principle in succession law under the Civil Code of the Philippines, particularly in cases involving intestate succession (when a person dies without a valid will). The rule governs the determination of heirs by emphasizing the closest familial relationship to the decedent.

LEGAL BASIS:

Article 962, Civil Code of the Philippines:
"Succession is regulated by the decedent’s nationality at the time of his death."

Article 963, Civil Code:
"In the absence of testamentary dispositions, the estate of the decedent shall be distributed to the legal heirs based on their degree of proximity to the deceased."

This rule applies to both testate and intestate succession but has more direct application in intestate cases, as testate succession adheres to the provisions of the decedent’s will (provided it complies with formalities and substantive limitations).

APPLICATION OF THE RULE OF PROXIMITY

1. Basis: Degrees of Relationship

The Rule of Proximity prioritizes heirs based on their degree of kinship to the deceased:

Consanguinity refers to blood relations.
Affinity (in-laws or relations through marriage) does not give rise to succession rights.
Closer degrees of consanguinity are favored over more distant ones.

Degrees of Kinship (as per the Civil Code):

Each generation represents one degree.
Ascendants and descendants are traced directly (e.g., parent → child = 1st degree).
Collateral relatives are counted from the deceased to the common ancestor, then to the relative (e.g., siblings = 2nd degree; cousins = 4th degree).

2. Priority of Heirs (Intestate Succession)

The Civil Code establishes the following hierarchy for intestate heirs:

Legitimate Descendants
- Direct descendants (children, grandchildren, etc.) inherit first.
- The nearest descendant excludes more distant descendants.
- Example: If a child survives, grandchildren are excluded.
Legitimate Ascendants
- If there are no descendants, legitimate ascendants (parents, grandparents) inherit.
- Closer ascendants exclude more remote ones.
Surviving Spouse
- The spouse inherits in concurrence with legitimate descendants or ascendants.
- If neither exists, the spouse inherits the entire estate.
Collateral Relatives
- Siblings, nephews, and nieces inherit only in the absence of descendants, ascendants, and a spouse.
- The nearest collateral relatives inherit to the exclusion of more distant ones.
The State
- If no heirs exist, the estate escheats to the State.

3. Rules of Representation

Representation occurs when a legitimate heir predeceases the decedent:

Descendants of the predeceased heir "step into their shoes."
Example: A deceased child’s children represent the child and inherit their share.

4. Equality of Degree

When multiple heirs are of equal degree (e.g., all children), they inherit per capita—in equal shares.

For descendants or collaterals of unequal degrees, the shares are divided per stirpes—by branches, with closer relatives inheriting larger portions.

APPLICATION IN TESTATE SUCCESSION

Even in testate succession, proximity influences certain statutory provisions:

Legitime Protection
- Legitimate heirs (e.g., children, spouse, ascendants) cannot be disinherited or deprived of their legitime, even by will.
- The Rule of Proximity ensures their protection as they are the closest family members.
Substitution
- If a named heir predeceases the testator, substitution applies to the nearest legal heirs in line, unless expressly provided otherwise in the will.

CASE LAW ON RULE OF PROXIMITY

Martinez v. Lim (G.R. No. 201425)
The Supreme Court reiterated that proximity determines the rightful heirs in intestate succession. The Court emphasized the preferential rights of legitimate children over collateral relatives.
Intestate Estate of Gonzales v. People (G.R. No. 186757)
The Court clarified that where no descendants, ascendants, or spouse exist, the closest collateral relatives in the nearest degree inherit the estate.
Heirs of Olarte v. Spouses Co (G.R. No. 206248)
This case highlighted the rule of representation and the importance of proximity in resolving disputes over intestate shares.

CONCLUDING REMARKS

The Rule of Proximity ensures a logical and equitable distribution of a decedent’s estate based on familial ties. It prioritizes heirs who are closest in blood relation, fostering an orderly transfer of assets. However, this rule operates within the framework of Philippine succession law, which also upholds the rights of legitimate heirs and the principle of representation to avoid any gaps in inheritance.