Académique Documents
Professionnel Documents
Culture Documents
On June 13, 1952, Raul died intestate, single, without any issue, and leaving only his
mother, Consuelo Joaquin Vda. de Balantakbo, as his sole surviving heir to the real
properties.
On November 3, 1952, Consuelo adjudicated unto herself the said properties in an
Affidavit entitled "Caudal Herederario del finado Raul Balantakbo."
On December 21, 1959, Consuelo Joaquin vda de. Balantakbo sold the property
inherited from Jose, Sr., to Mariquita H. Sumaya.
The same property was
subsequently sold by Sumaya to Villa Honorio Development Corporation, Inc., on
December 30, 1963.
Also on December 30, 1963, Consuelo Joaquin vda. de Balantakbo sold the
properties inherited from Luisa Bautista, to Villa Honorio Development Corporation,
Inc. The latter in turn transferred and assigned all its rights to the properties in favor
of Laguna Agro-Industrial Coconut Cooperative, Inc. which properties are presently in
its possession.
"When a conveyance has been properly recorded such record is constructive notice of
its contents and all interests, legal and equitable, included therein
He is charged with notice of every fact shown by the record and is presumed to know
every fact shown by the record and is presumed to know every fact which an
examination of the record would have disclosed. This presumption cannot be
overcome by proof of innocence or good faith. Otherwise, the very purpose and object
of the law requiring a record would be destroyed.
The parties admit that the certificates of titles covering the above described properties
do not contain any annotation of its reservable character.
On June 3, 1968, Consuelo Joaquin vda. de Balantakbo died.
On March 4, 1970, Amadeo, Sancho, Donato, Luis, and Erasto, all surnamed
Balantakbo, brothers in full blood of Raul Balantakbo and Luisa, Jose and Dolores,
also all surnamed Balantakbo, surviving children of deceased Jose Balantakbo, Jr.,
another brother of the first named Balantakbos, filed suit to recover the properties
which they claimed were subject to a reserva troncal in their favor.
Held:
"Under the rule of notice, it is presumed that the purchaser has examined every
instrument of record affecting the title. Such presumption is irrebuttable.
On the question of whose duty the annotation of the reserva troncal rests
Reserva Troncal
The obligation to reserve rests upon the reservor, Consuelo Joaquin vda. de
Balantakbo.
Consistent with the rule in reserva viudal where the person obliged to reserve (the
widowed spouse) had the obligation to annotate in the Registry of Property the
reservable character of the property, in reserva troncal, the reservor (the ascendant
who inherited from a descendant property which the latter inherited from another
descendant) has the duty to reserve and therefore, the duty to annotate also.
Reserva Troncal
In 1937, Faustino died intestate, single and without issue. Thus, Eustacio, his father,
inherited his 1/2 pro-indiviso share in the 7 parcels of land, as he was the sole
intestate heir of Faustino. Eustacio received the said property subject to a reserva
troncal, which was annotated on the Certificates of Title.
X&
Y
Romana
Tioco
In 1939 Trinidad died intestate, and her rights and interests in the 7 parcels of land
were inherited by her only child, Dalisay, subject to the usufructuary right of her
surviving husband, Primo Tongko.
Balbino
Tioco
On June 14, 1965, Eustacio died intestate, and was survived by his only legitimate
descendant, Dalisay.
Eustacio
Dizon
Toribia
Tioco
Faustino
Dizon
Nicolas
Tioco
Manuel
Tioco
Francisc
a Tioco
de Papa
The parties agree that Dalisay now owns one-half (1/2) of all the 7 parcels of land as
her inheritance from her mother, Trinidad.
Issue:
Whether or not all relatives of the praepositus, within the third degree in the
appropriate line, succeed without distinction to the reservable property upon the death
of the reservista? Or, are the rights of said relatives subject to, and should be
determined by, the rules on intestate succession?
Trinidad
DizonTongko
Dalisay D.
TongkoCamacho
The late Balbino Tioco had 4 children: Toribia (deceased), Nicolas, Manuel and
Francisca. He also had a sister, Romana Tioco.
Toribia was married to Eustacio Dizon, and had 2 legitimate children: Faustino and
Trinidad. Trinidad is the mother of defendant Dalisay D. Tongko-Camacho.
Thus, Dalisay is the great granddaughter of Balbino Tioco, and the granddaughter of
the plaintiffs.
Romana, during her lifetime, donated 4 parcels of land to her niece Toribia. The latter
died intestate in 1915, survived by her husband and their two children. Thus, these
lands were inherited by her children in equal pro-indiviso shares.
In 1928, Balbino died intestate. In the partition of his estate, 3 parcels of land were
adjudicated as the inheritance of the late Toribia Tioco, which devolved upon her
children Faustino and Trinidad Dizon in equal pro-indiviso shares.
Held:
The reserva troncal merely determines the group of relatives (reservatarios) to whom
the property should be returned; but within that group, the individual right to the
property should be decided by the applicable rules of ordinary intestate succession.
Reversion of the reservable property being governed by the rules on intestate
succession, the plaintiffs must be held without any right thereto because, as aunt and
uncles of Faustino Dizon (the praepositus), they are excluded from the succession by
his niece, Dalisay, although they are related to him within the same degree as the
latter.
Under Article 1009, the absence of brothers, sisters, nephews and nieces of the
decedent is a precondition to the other collaterals (uncles, cousins, etc.) being called
to the succession.
We, therefore, hold, and so rule, that under our laws of succession, a decedent's
uncles and aunts may not succeed ab intestato so long as nephews and nieces of the
decedent survive and are willing and qualified to succeed
This conclusion is fortified by the observation in Padura v. Baldovino, that as to the
reservable property, the reservatarios do not inherit from the reservista, but from the
descendant praepositus:
Reserva Troncal
" It is likewise clear that the reservable property is no part of the estate of the
reservista, who may not dispose of it by will, as long as there are reservatarios
existing. The latter, therefore, do not inherit from the reservista, but from the
descendant prepositus, of whom the reservatarios are the heirs mortis causa, subject
to the condition that they must survive the reservista"
Had the reversionary property passed directly from the praepositus, there is no doubt
that the plaintiffs would have been excluded by the defendant under the rules of
intestate succession.
There is no reason why a different result should obtain simply because "the
transmission of the property was delayed by the interregnum of the reserva;" i.e., the
property took a "detour" through an ascendant ---- thereby giving rise to the reservation
---- before its transmission to the reservatario.
Reserva Troncal
Issues:
1)
2)
Did Mrs. Legarda have the right to convey mortis causa the properties she
inherited from her daughter, to the reservees within the 3 rd degree and to
bypass the reservees in the 2nd degree? Or, should that inheritance
automatically go to the reservees in the 2 nd degree?
Held:
In reserva troncal, (1) a descendant inherited or acquired by gratuitous title property
from an ascendant or from a brother or sister; (2) the same property is inherited by
another ascendant or is acquired by him by operation of law from the said descendant,
and (3) the said ascendant should reserve the said property for the benefit of relatives
who are within the third degree from the deceased descendant (prepositus) and who
belong to the line from which the said property came.
So, 3 transmissions are involved:
(1) a first transmission by lucrative title (inheritance or donation) from an
ascendant or brother or sister to the deceased descendant;
(2) a posterior transmission, by operation of law (intestate succession or
legitime) from the deceased descendant (causante de la reserva) in favor of
another ascendant, the reservor or reservista, which two transmissions
precede the reservation, and
(3) a third transmission of the same property (in consequence of the
reservation) from the reservor to the reservees (reservatarios) or the relatives
within the third degree from the deceased descendant belonging to the line
of the first ascendant, brother or sister of the deceased descendant.
If there are only two transmissions, there is no reserva.
The persons involved in reserva troncal are:
(1) the ascendant or brother or sister from whom the property was received by
the descendant by lucrative or gratuitous title,
(2) the descendant or prepositus (propositus) who received the property,
(3) the reservor (reservista), the other ascendant who obtained the property from
the prepositus by operation of law and
(4) the reservee (reservatario) who is within the third degree from the prepositus
and who belongs to the line (linea o tronco) from which the property came
and for whom the property should be reserved by the reservor.
Reserva Troncal
The person from whom the degree should be reckoned is the descendant, or the one
at the end of the line from which the property came and upon whom the property last
revolved by descent. He is called the prepositus.
The reservees may be half-brothers and sisters. Fourth degree relatives are not
included. 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.
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
the prepositus.
Reserva troncal contemplates legitimate relationship. Illegitimate relationship and
relationship by affinity are excluded.
Gratuitous title or titulo lucrativo refers to a transmission wherein the recipient gives
nothing in return such as donation and succession.
The reserva 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.
The reservor has the legal title and dominion to the reservable property but subject to
the resolutory condition that such title is extinguished if the reservor predeceased the
reservee. The reservor is a usufructuary of the reservable property. He may alienate it
subject to the reservation. The transferee gets the revocable and conditional
ownership of the reservor. The transferee's rights are revoked upon the survival of the
reservees at the time of the death of the reservor but become indefeasible when the
reservees predecease the reservor.
The reservor's title has been compared with that of the vendee a retro in a pacto de
retro sale or to a fideicomiso condicional.
The reservor's alienation of the reservable property is subject to a resolutory
condition, meaning that if at the time of the reservor's death, there are reservees, the
transferee of the property should deliver it to the reservees. If there are no reservees
at the time of the reservor's death, the transferee's title would become absolute.
On the other hand, the reservee has only an inchoate, expectant or contingent right.
His expectant right would disappear if he predeceased the reservor. It would become
absolute should the reservor predecease the reservee.
The reservee cannot impugn any conveyance made by the reservor but he can require
that the reservable character of the property be recognized by the purchaser.
The renunciation of the reservee's right to the reservable property is illegal for being a
contract regarding future inheritance.
The reservee's right is a real right which he may alienate and dispose of conditionally.
The condition is that the alienation shall transfer ownership to the vendee only if and
when the reservee survives the reservor.
"The reservatario receives the property as a conditional heir of the descendant
(prepositus), said property merely reverting to the line of origin from which it had
temporarily and accidentally strayed during the reservista's lifetime. The authorities
are all agreed that there being reservatarios that survive the reservista, the latter must
be deemed to have enjoyed no more than a life interest in the reservable property."
"Even during the reservista's lifetime, the reservatarios, who are the ultimate
acquirers of the property, can already assert the right to prevent the reservista from
doing anything that might frustrate their reversionary right, and, for this purpose, they
can compel the annotation of their right in the registry of property even while the
reservista is alive"
This right is incompatible with the mere expectancy that corresponds to the natural
heirs of the reservista. It is likewise clear that the reservable property is no part of the
estate of the reservista who may not dispose of them (it) by will, so long as there are
reservatarios existing.
"The latter, therefore, do not inherit from the reservista but from the descendant
prepositus, of whom the reservatarios are the heirs mortis causa, subject to the
condition that they must survive the reservista."
Hence, upon the reservista's death, the reservatario nearest to the prepositus
becomes, "automatically and by operation of law, the owner of the reservable
property."
1)
2)
Mrs. Legarda could not convey in her holographic will the reservable
properties which she had inherited from her daughter Filomena because the
reservable properties did not form part of her estate. The reservor cannot
make a disposition mortis causa of the reservable properties as long as the
reservees survived the reservor.
Reserva Troncal
Reserva Troncal
part of the recipient; and that the person receiving the property transmitted deliver,
give or do nothing in return.
"In a case where the question raised was as to the right of a minor to the inheritance
of his grandmother, and which question were settled by a compromise, the Court held
that it was not the document of compromise that determined the character of the title
by virtue of which the minor got the amounts awarded to him, but the thing which was
the subject-matter of the compromise, i.e., the hereditary rights, which import a
gratuitous title."
The person from whom the degrees are reckoned is Cornelia Abordo herself, since she
was at the end of the line from which the property came and the person upon whom
the property last devolved by descent. Lorenzo Abordo was a stranger to that line and
not related by blood to those for whom the property is reserved.
Thus, upon the death of Lorenzo Abordo, the plaintiff was entitled to succeed to the
aforementioned properties, she being the only living person within the limits of the
third degree belonging to the line from which the property came.
Reserva Troncal
Reserva Troncal
10
Reserva Troncal
The property in question is Lot No. 221, originally owned by Severino Salak and Petra
Garcia (deceased, September 21, 1941).
Thus, on November 6, 1950, Ernesto filed a petition for the execution of the
said judgment. Acting on said petition, the court held:
On August 16, 1943, Severino sold to Honoria Salak his 1/2 portion of Lot 221. A
year later, or on December 5, 1944, Severino died.
" in view of the death of the reservista, Doa Agustina, the court declares
all her interest in the 3/4 share of the properties terminated, and that the
reservee, Ernesto, entitled to the immediate delivery to him of the said 3/4
share declared reserved to him "
Sometime in January 1945, Honoria and other members of her family died
massacred by the Japanese.
As a result, two settlement proceedings were instituted:
(1) SP No. 3, to settle the estates of Severino Salak and Petra Garcia
On September 4, 1946, a Project of Partition adjudicated Lot No. 221 to
Francisca Salak de Paz (1/4 of it, in her capacity as heir, the other 3/4 by
purchase and/or exchange with her co-heirs: Rita Sahagun, Aurea Sahagun
and Ernesto Bautista).
On November 9, 1948, Agustina de Guzman Vda. de Carrillo filed an action
against the Francisca to recover 1/2 of Lot No. 221.
(2) SP No. 23, to settle the estates of the Salak family
The court held that the heirs entitled to the estates of the Salak family were
Agustina (3/4 share) and Ernesto (1/4 share), applying the survivorship
presumption:
i.
ii.
iii.
iv.
11
On April 22, 1963, Prima Carrillo and Lorenzo Licup, heirs of Agustina, filed suit for
the recovery of their share in Lot No. 221 against Francisca and Ernesto.
On June 20, 1963, the defendants filed a motion to dismiss on the ground that the
cause of action is barred by prescription.
Held:
According to Manresa, the reserva is extinguished upon the death of the reservista, as
it then becomes a right of full ownership on the part of the reservatarios, who can
bring a revindicatory suit therefor. However, this right, if not exercised within the time
for recovering real properties, prescribes.
Scaevola shares the view that prescription can apply against the reservatarios to cut
off their right to the reservable property.
Appellants, as reservatarios, had the right to claim the property from the time when
the reservista, Agustina, died on April 24, 1950.
Section 40 of the Code of Civil Procedure fixes 10 years as the period of prescription
for actions to recover real property, counted from the time the cause of action
accrued.
Appellants' suit herein, having been filed only on April 22, 1963, or more than 10
years from April 24, 1950, has prescribed.
Reserva Troncal
12
ownership of both properties was recorded in the said property registry in the name of
Tomas G. del Rosario.
"Upon the death of Juana Reyes y Reyes, who died intestate, Concepcion Crispina
Dorotea Severina del Rosario y Reyes, a daughter of the marriage of the deceased
with the applicant, Tomas G. del Rosario, was declared to be the sole heir of decedent
on February 20, 1892.
"On June 3, 1900, the said Concepcion del Rosario y Reyes also died, at the age of 9
years, and was succeeded in all her rights and actions, and in respect to one-half of
the property, by the applicant Tomas G. del Rosario, who was already the owner of the
other half of the property."
From the 21st of September, 1909, until the 7th of February, 1914, much more than
one year elapsed. The title, therefore of Tomas G. del Rosario was absolute and
complete. The failure of the plaintiff, if he ever had any interest or title in said land, to
appear and oppose the registration of the same in the name of Tomas G. del Rosario
or to question the registration in his name during a period of one year after the
certificate of title had been issued, operates to exclude him forever from questioning
the title granted under the Torrens system.
The plaintiff having lost his right to claim any interest in the lots or parcels of land in
question, by virtue of his (a) failure to present any opposition to the registration of the
same under the Torrens system in favor of Tomas G. del Rosario, or (b) to question
the validity of such registration within a period of one year thereafter he has forever
lost his right therein, if he ever had any.
Reserva Troncal
13
As already intimated, the law relating to the reservation by the widowed spouse in
Article 968 is applicable to the reserva troncal in Article 811. However, in the reserva
troncal, the property goes to the reservor as reservable property and it remains so
until the reservation takes place or is extinguished.
In a reservation by the widowed spouse there are two distinct stages: one, when the
property goes to the widower without being reservable; two, when the widower
contracts a second marriage, the property becomes reservable. These two stages
affect differently transfers that may be made of the property.
If the property is sold during the 1 st stage, before becoming reservable, it is absolutely
free and is transferred to the purchaser unencumbered. But if the sale is made during
the 2nd stage, that is, when the duty to reserve has arisen, the property goes to the
purchaser subject to the reservation, without prejudice to the provisions of the
Mortgage Law.
This is why the law provides that should the property be sold before it becomes
reservable, or before the widower contracts another marriage, he will be compelled to
secure the value of the property by a mortgage upon contracting a new marriage, so
that the reservation may not lose its efficacy and that the rights of those for whom the
reservation is made may be assured.
This mortgage is not required by law when the sale is made after the reservation has
arisen because the reservation will follow the property, without prejudice to the
contrary provisions of the Mortgage Law and the rights of innocent purchasers.
Thus, the rules established for reservation by a widowed spouse to secure the value
of the property sold by the widower, before becoming reservable, are not applicable to
the reserva troncal where the property goes to the ascendant already reservable in
character. A sale in the case of reserva troncal might be analogous to a sale made by
the widower after contracting a second marriage in the case of reservation by the
widowed spouse.
Reserva Troncal
When Severina Faz died in 1908, she left in her will said property, together
with her own, to her only daughter and forced heiress, Mercedes. However,
the reservable nature of such property was not lost.
Apolonio Isabelo Florentino II, during his lifetime, married twice. The 1 st time, with
Antonia Faz de Leon, with whom he begot 9 children: Jose, Juan, Maria, Encarnacion,
Isabel, Espirita, Gabriel, Pedro, and Magdalena.
The law so provides that ascendants do not inherit the reservable property,
but only its enjoyment, use or trust. The law imposes the obligation to
reserve and preserve the same for certain designated persons who, upon the
death of the said ascendants-reservists, (taking into consideration the nature
of the line from which such property came) acquire the ownership of said
property in fact and by operation of law in the same manner as forced heirs.
On becoming a widower, he married the 2nd time with Severina Faz de Leon, with whom
he had 2 children: Mercedes and Apolonio III.
On January 17 and February 13, 1890, Apolonio II executed a will instituting as his
universal heirs his 10 children, the posthumous Apolonio III and his widow Severina
Faz; he declared that all his property should be divided among all of his children of
both marriages.
Apolonio III died in 1891; his mother, Severina Faz, succeeded to all his property.
Severina Faz died on November 18, 1908, leaving a will instituting as her universal
heiress her only living daughter, Mercedes Florentino. As such heir, said daughter
took possession of all the property left at the death of her mother, among those is
that property inherited from Apolonio II.
14
These designated persons (reservatarios) are the relatives, within the third
degree, of the descendant from whom the reservable property came.
2.
Reservable property neither comes, nor falls under, the absolute dominion of
the ascendant who inherits and receives the same from his descendant.
Therefore, it does not form part of his own property nor become the legitime
of his forced heirs. It becomes his own property, only, in case all the relatives
of his descendant shall have died (reservista), in which case said reservable
property losses such character.
Issues:
1.
Whether or not the properties inherited by Severina Faz from her son,
Apolonio III, constitute reservable properties?
2.
Whether or not the testator can dispose by will the properties subject to
reserva troncal?
3.
Whether or not the reservista can choose which reservatorio can inherit the
property subject to reserva troncal?
Held:
1.
At the death of Apolonio II, under a will, his 11 children succeeded to the
inheritance he left. In 1891, Apolonio III died; he was succeeded by his
mother Severina Faz (included in the inheritance is the property in question).
That Apolonio III acquired the property in question by a lucrative title or by
inheritance from his father is without any doubt. Thus, when, on the death of
Apolonio III, without issue, the same passed by operation of law into the
hands of his mother, it became reservable property, with the object that the
same should not fall into the possession of persons other than those
comprehended within the order of succession traced by the law from Apolonio
II, the source of said property.
Any ascendant who inherits from his descendant any property, while there are
living, within the third degree, relatives of the latter, is nothing but a life
usufructuary or a fiduciary of the reservable property received. But if,
afterwards, all of the relatives, within the third degree, of the descendant die
or disappear, the said property becomes free property, by operation of law,
and the ascendant heir can transmit it at his death to his legitimate
successors or testamentary heirs.
If this property was clothed with the character and condition of reservable
property when Severina Faz inherited the same from her son Apolonio III, she
did not acquire the dominion or right of ownership but only the right of
usufruct or of fiduciary, with the necessary obligation to preserve and to
deliver or return it as such reservable property to her deceased son's
relatives within the third degree, among whom is her daughter, Mercedes.
With full right, Severina Faz de Leon could have disposed in her will of all her
own property in favor of her only living daughter as forced heiress. But
whatever provision there is in her will concerning the reservable property
received from her son Apolonio III, is unlawful, null and void, inasmuch as
said property is not her own.
Reserva Troncal
3.
b.
the other 3 children, Jose, Espirita and Pedro, represented by their own
12 children respectively; and
c.
All of the plaintiffs are the relatives of the deceased Apolonio III, within the
3rd degree (4 of whom being his half-brothers and the remaining 12 being his
nephews as they are the children of his 3 half-brothers). As the first 4 are his
relatives within the third degree in their own right and the other 12 are such
by representation, all of them are indisputably entitled as reservatarios to the
property.
It is true that when Mercedes Florentino, the heiress of the reservista
Severina, took possession of the property in question, same did not pass
into the hands of strangers. But it is likewise true that Mercedes is not the
only reservataria. And there is no reason founded upon law and upon the
principle of justice why the other reservatarios, the other brothers and
nephews, relatives within the third degree should be deprived of portions of
the property which, as reservable property, pertain to them.
As there were seven reservees, Mercedes was entitled, as a reservee, to
one-seventh of the properties. The other six-sevenths portions were
adjudicated to the other six reservees.
15
Thus, there is a right of representation on the part of reservatarios who are within the
third degree mentioned by law, as in the case of nephews of the deceased person
from whom the reservable property came. These reservatarios have the right to
represent their ascendants (fathers and mothers) who are the brothers of the said
deceased person and relatives, within the third degree.
Reserva Troncal
16
succeed the natural child and vice versa, from which it must be deduced that natural
parents neither have the right to inherit from legitimate ones; the law in the article
cited establishes a barrier between the two families; properties of the legitimate family
shall never pass by operation of law to the natural family."
Scaevola, arrives at the same conclusion as Manresa. "La reserva del articulo 811 es
privilegio de la familia legitima. (The reservation in article 811 i6 a privilege of the
legitimate family.)"
Article 943, above referred to by Manresa, provides as follows:
Francisco died on August 3, 1914, whereupon his widow and son took possession of
the lands in question.
"A natural or legitimated child has no right to succeed ab intestate the legitimate
children and relatives of the father or mother who has acknowledged it; nor shall such
children or relatives so inherit from the natural or legitimated child."
To hold that the appellant is entitled to the property left by her natural brother, Alfeo
Deocampo, by operation of law, would be a flagrant violation of the express provisions
of the foregoing article (943).
Issue:
Whether or not an illegitimate relative within the 3 rd degree is entitled to the reserva
troncal?
Held:
Manresa, in determining the persons in whose favor the reservation is established,
says:
"Persons in whose favor the reservation is established. - In the interpretation of
article 811 the reservation is established in favor of the parents who are within the
third degree and belong to the line from which the properties came.
"It treats of blood relationship It could not be otherwise, because relationship by
affinity is established between each spouse and the family of the other, by marriage,
and to admit it, would be to favor the transmission of the properties of the family of
one spouse to that of the other, which is just what this article intends to prevent.
"It also treats of legitimate relationship. The person obliged to reserve is a legitimate
ascendant who inherits from a descendant property which proceeds from the same
legitimate family, and this being true, there can be no question, because the line from
which the properties proceed must be the line of that family and only in favor of that
line is the reservation established. Furthermore, we have already said, the object is to
protect the patrimony of the legitimate family, following the precedents of the foral
law. And it could not be otherwise. Article 943 denies to legitimate parents the right to