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Florentino Vs Florentino: Reserva Troncal

The document discusses the legal concept of reserva troncal in Philippine law. It provides several cases as examples and discusses the following key points: 1) Reserva troncal applies when an ascendant inherits property from a descendant who acquired it through gratuitous title from another ascendant or sibling. The property must then be reserved for relatives within the third degree from the line where the property came. 2) The reservista (obliged to reserve) has legal title to the property but it is subject to a resolutory condition - if reservees survive, they inherit the property. 3) For reserva troncal to apply, the deceased must be a descendant who inherited from an

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136 views5 pages

Florentino Vs Florentino: Reserva Troncal

The document discusses the legal concept of reserva troncal in Philippine law. It provides several cases as examples and discusses the following key points: 1) Reserva troncal applies when an ascendant inherits property from a descendant who acquired it through gratuitous title from another ascendant or sibling. The property must then be reserved for relatives within the third degree from the line where the property came. 2) The reservista (obliged to reserve) has legal title to the property but it is subject to a resolutory condition - if reservees survive, they inherit the property. 3) For reserva troncal to apply, the deceased must be a descendant who inherited from an

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Idsil Cabredo
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© © All Rights Reserved
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RESERVA TRONCAL

Art. 891. The ascendant who inherits from his descendant any property which
the latter may have acquired by gratuitous title from another aascendant, or a brother or
sister, is obliged to reserve such property as he may have acquired by operation of law
for the benefit of relatives who are within the third degree and who belong to the line
from which said property came.

Cases

Florentino vs Florentino

Facts: Apolonio Florentino II and his second wife Severina Faz de


Leon begot two children, Mercedes and Apolonio III. These two
inherited properties from their father. Upon Apolonio III death in
1891, his properties were inherited by his mother, Severina, who
died in 1908. ln her will, she instituted her daughter Mercedes as
heiress to all her properties, including those coming from her
deceased husband through their son, Apolonio III. chanroblesv irt ualawli bra ry ch anroble s virtual law l ib rary

The surviving children, begotten by Apolonio II with his first wife


Antonia Faz de Leon and the descendants of the deceased children
of his first marriage, sued Mercedes Florentino for the recovery of
their share in the reservable properties, which Severina de Leon had
inherited from Apolonio III which the latter had inherited from his
father Apolonio II and which Severina willed to her daughter
Mercedes. chanroblesv irtualawli bra ry chan roble s virtual law l ibra ry

Plaintiff's theory was that the said properties, as reservable


properties, could not be disposed of in Severina's will in favor of
Mercedes only. That theory was sustained by this Court.

It was held that the said properties, being reservable properties,


did not form part of Severina's estate and could not be inherited
from her by her daughter Mercedes alone.

As there were seven reservees, Mercedes was entitled, as a


reserves, to one-seventh of the properties. The other six sevenths
portions were adjudicated to the other six reservees. chanroble svirtualawl ibra ry chan roble s vi rtual law lib rary
*First cousins of the prepositus are in the fourth degree and are not reservees.
They cannot even represent their parents because representation is confined to
relatives within the third degree.

The rationale of reserve troncal is to avoid "el peligro de que bienes


poseidos secularmente por una familia pasen bruscamente a titulo
gratuito a manos extraas por el azar de los enlaces y muertes
prematuras or impeder que, por un azar de la vide personas
extranas a una familia puedan adquirir bienes que sin aquel
hubieran quedado en ella (6 Castan Tobenas Derecho Civil, Part l,
6th Ed., 1980, p. 203; Padura vs. Baldovino, 104 Phil. 1065). chanroblesvi rtua lawlib rary

Sablan vs.

Pedro Sablan inherited two parcels of land from his father


Victorians. Pedro died in 1902, single and without issue. His mother,
Marcelina Edroso, inherited from him the two parcels of land. chanroblesvi rtua lawlib rary cha nrob les vi rtua l law lib rary

It was held that the land was reservable property in the hands of
Marcelina. The reservees were Pablo Sablan and Basilio Sablan, the
paternal uncles of Pedro Sablan, the prepositus. Marcelina could
register the land under the Torrens system in her name but the fact
that the land was reservable property in favor of her two brothers-
in-law, should they survive her, should be noted in the title.

Aglibot vs. Maalac 114 Phil. 964 A

Anacleto died intestate in 1942, survived by his second wife and


their six children. lt was held that the said one-half portion was
reservable property in the hands of Anacleto Maalac and, upon his
death, should be inherited by Leona Aglibot and Evarista Aglibot,
sisters of Maria and materna aunts of Juliana Maalac, who belonged
to the line from which said one-half portion came.
First cousins of the prepositus are in the fourth degree and are not
reservees. They cannot even represent their parents because
representation is confined to relatives within the third degree.

Padura vs. Baldovino, 104 Phil. 1065


cl

Within the third degree, the nearest relatives exclude the more
remote subject to the rule of representation. But the representative
should be within the third degree from theprepositus

Cano vs. Director of Lands (1959)

upon the death of the reservista, thereservatario nearest to


the prepositus becomes, automatically and by operation of law,
the owner of the reservable property( does not require judicial
administrative proceedings.

Sienes et.al vs. Esparcia (1961)

the reserve creates two resolutory conditions, namely, (1) the death
of the ascendant obliged to reserve and (2) the survival, at the time
of his death, of relatives within the third degree belonging to the
line from which the property came (6 Manresa 268-269; 6 Sanchez
Roman 1934). This Court has held in connection with this matter
that the reservista has the legal title and dominion to the reservable
property but subject to a resolutory condition; that he is like a life
usufructuary of the reservable property; that he may alienate the
same but subject to reservation, said alienation transmitting only
the revocable and conditional ownership of the reservists, the rights
acquired by the transferee being revoked or resolved by the survival
of reservatarios at the time of the death of the reservista (Edroso
vs. Sablan, 25 Phil. 295; Lunsod vs. Ortega, 46 Phil. 664; Florentino
vs. Florentino, 40 Phil. 480; and Director of Lands vs. Aguas, 65
Phil. 279).
Gonzalez vs CFI (1981)

F died, survived by 4 daughters and 3 sons and M, his spouse. D,


one of F’s daughter inherited certain properties. Subsequently D
died without any issue resulting for M to inherit all her properties
composing of those properties inherited from F.

F disposed by will those said properties in favor of her grandchildren


from her 3 sons. B, one of F and M’s daughter opposed the sale
contending that those properties are reservable properties.

Ruling: F could not convey in her holographic will to her sixteen


grandchildren the reservable properties which she had inherited
from her daughter D because the reservable properties did not form
part of her estate (Cabardo vs. Villanueva, 44 Phil. 186, 191). The
reservor cannot make a disposition mortis causa of the reservable
properties as long as the reservees survived the reservor. chanrobles

Solivio vs. CA (Feb. 12, 1990)

Facts: Esteban Jr. died without any issue, his father Esteban Sr. died four
months before he was born and Salustia Solivio, his mother also predeceased Esteban
Jr. leaving him as his sole heir to all her properties. Esteban Jr.’s surviving relatives
were his maternal aunt Celodonia Solivio and his paternal aunt Concodia Javellana.

In a special proceeding for partition Celedonia was declared administratrix and


sole heir for the estate of Esteban Jr.. Four months later Concordia opposed the
decision of the probate court and filed a motion for reconsideration of the court’s order
but was denied for tardiness. Instead of appealing Concordia filed a civil case in the
RTC for partition, recovery of possession, ownership and damages. The RTC rendered
judgment in favor of Corcordia. Celedonia appealed, until it reached the Supreme
Court. The Petitioner Celedonia averred as one of the issues in this case that the
properties of the late Esteban Jr. were subject to reserve troncal in favor of Celedonia,
his relative within the third degree from his mother’s side from whom he had inherited
them.

Ruling: The persons involved in reserva troncal are:


1. The person obliged to reserve is the reservor (reservista)-the ascendant who inherits
by operation of law property from his descendants.chanroblesvirtuala

2. The persons for whom the property is reserved are the reservees(reservatarios)-
relatives within the third degree counted from the descendant(propositus), and
belonging to the line from which the property came.chanrobl

3. The propositus-the descendant who received by gratuitous title and died without
issue, making his other ascendant inherit by operation of law. (p. 692, Civil Law by
Padilla, Vol. II, 1956 Ed.)

Clearly, the property of the deceased, Esteban Javellana, Jr., is not reservable property,
for Esteban, Jr. was not an ascendant, but the descendant of his mother, Salustia
Solivio, from whom he inherited the properties in question. Therefore, he did not hold
his inheritance subject to a reservation in favor of his aunt, Celedonia Solivio, who is his
relative within the third degree on his mother's side. The reserva troncal applies to
properties inherited by an ascendant from a descendant who inherited it from another
ascendant or 9 brother or sister. It does not apply to property inherited by a descendant
from his ascendant, the reverse of the situation covered by Article 891.cha

*one of the issues raised was the jurisdiction of the RTC in the civil case filed by
Concordia. The SC affirmed that there was no jurisdiction. The order of the probate court
cannot be set aside by the RTC wherein the probate court has exclusive jurisdiction to make a
just and legal distribution of the estate, a court should not interfere with probate proceedings
pending in a co-equal court.

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