(1) The case involved a property dispute over Lot No. 399 between the children of Jose Chua's first marriage and the heirs of his second wife La Torre.
(2) Manuel, a child of Jose's first marriage, died without issue and his share of the lot was inherited by his father Jose. When Jose later died intestate, the lot was inherited by his widow La Torre and children from both marriages.
(3) La Torre claimed the entire lot after Juanito, her child with Jose, also died without issue. However, the court ruled that half the lot was a reservable property that should pass to the relatives in the paternal line, satisfying all four requisites
(1) The case involved a property dispute over Lot No. 399 between the children of Jose Chua's first marriage and the heirs of his second wife La Torre.
(2) Manuel, a child of Jose's first marriage, died without issue and his share of the lot was inherited by his father Jose. When Jose later died intestate, the lot was inherited by his widow La Torre and children from both marriages.
(3) La Torre claimed the entire lot after Juanito, her child with Jose, also died without issue. However, the court ruled that half the lot was a reservable property that should pass to the relatives in the paternal line, satisfying all four requisites
(1) The case involved a property dispute over Lot No. 399 between the children of Jose Chua's first marriage and the heirs of his second wife La Torre.
(2) Manuel, a child of Jose's first marriage, died without issue and his share of the lot was inherited by his father Jose. When Jose later died intestate, the lot was inherited by his widow La Torre and children from both marriages.
(3) La Torre claimed the entire lot after Juanito, her child with Jose, also died without issue. However, the court ruled that half the lot was a reservable property that should pass to the relatives in the paternal line, satisfying all four requisites
G.R. No. L-29901, August 31, 1977 Topic: Reserva Troncal DOCTRINE: In order that a property may be impressed with a reservable character, the following requisites must exist, to wit: (1) that the property was acquired by a descendant from an ascendant or from a brother or sister by gratuitous title; (2) that said descendant died without issue; (3) that the property is inherited by another ascendant by operation of law; and (4) that there are relatives within the third degree belonging to the line from which said property came. FACTS: First marriage Jose Chua & Patricia Militar children: Ignacio, Lorenzo and Manuel; wife died and Jose inherited Second marriage Jose & La Torre; child: Juanito Manuel died without leaving any issue. Then Jose died intestate leaving the widow and his children from both marriages as heirs. Consolacion inherited a part of Lot No. 399 while Juanito inherited the other part of said lot. Juanito died and La Torre inherited to Juanitos share of Lot No. 399. Title of the said lot was consolidated in her name. When La Torre died, her heirs were her siblings. The children of the first marriage filed an opposition in the intestate proceedings stating that half of Lot No. 399 is reservable property subject to reserve troncal. ISSUE/S: WON the said property inherited by La Torre is a reservable property? HELD/RATIO: YES. In order that a property may be impressed with a reservable character the following requisites must exist: (1) that the property was acquired by a descendant from an ascendant or from a brother or sister by gratuitous title; (2) that said descendant died without an issue; (3) that the property is inherited by another ascendant by operation of law; and (4) that there are relatives within the third degree belonging to the line from which said property came. In this case, all of the foregoing requisites are present. Juanito died intestate; he died without leaving any issue; his pro-indiviso of 1/2 share of Lot No. 399 was acquired by his mother; Juanito who died intestate had relatives within the third degree. These relatives are Ignacio and Dominador and Remidios, the supposed legitimate children of the deceased Lorenzo, who are the petitioners herein.
Reynold Leone, as Administrator of the Estate of Andrea Leone, Also Known as Andrea Held, Deceased, Frances S. Costigan (Now Known as Costigan-Leeds), as of the Estate of George B. Costigan, Jr., Deceased v. United States, 910 F.2d 46, 2d Cir. (1990)