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De Papa v.


Marciana Felix Balbino Tioco Romana Tioco
(donated 4 parcels of land to Toribia)

4 plaintiffs Toribia Eustacio Dizon

+1937 +1939
Faustino Trinidad Primo Tongco
Dalisay Camacho (defendant)

FACTS: Romana donated four parcels of land to Toribia. When Toribia died in 1915, she left the said
property to Faustino and Trinidad, her children. When Balbino died in 1928, three percels of land were
adjudicated to Toribia and since she predeceased her father, the same was given to her children Faustino
and Trinidad. Faustino died in 1937 and left his pro-indiviso share in the seven lands to his father
Eustacio Dizon, subject to reserve troncal. When Trinidad died in 1939, all her pro-indiviso share were
inherited by Dalisay, subject to usufruct of Primo Tongko. Eustacio died in 1965, survived by his only
granddaughter Dalisay. Dalisay claims the by virtue of the reserva troncal implied by law upon the death
of Faustino. Plaintiffs, as uncles and aunts, also claim of the pro-indiviso share, being a third relative
of Faustino.
CFI: plaintiffs and defendant are all entitled as reservatarios

HELD: Reversed. 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, since Art. 891 does not specify otherwise. This
condition strengthened by the circumstances that the reserve being an exceptional case, its application
should be limited to what is strictly needed to accomplish the purpose of the law. Hence, reservation of the
reservable property being governed by the rules on intestate succession, plaintiffs-appellee must be held
without any right thereto because, as aunt and uncles of Faustino [propositus], they are excluded from the
succession by his niece, the latter being the nearest relative. (The nearest relative excludes that of the one
more remote.)