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Cano vs.

Director of Lands  Falls squarely under Article 891, CC [each and everyone of the private
January 16, 1959 | J. JBL Reyes oppositors are within the third degree of consaguinity of the decedent
Evaristo Guerrero, and who belonging to the same line from which the
 In a Land Registration Case, the CFI of Sorsogon decreed the registration of two property came]
lots (Lots Nos. 1798 and 1799 of the Juban (Sorsogon) Cadastre) under the o It appears however, that with the exception of Eustaquia Guerrero, who is the
following terms and conditions: only living daughter of the decedent Evaristo Guerrero, by his former marriage,
o Title of applicant to the parcels of land is registrable in law all the other oppositors are grandchildren of the said Evaristo Guerrero by his
o The two parcels of land, known as Lots Nos. 1798 and 1799 of the former marriages. Eustaquia Guerrero, being the nearest of kin, excludes
Cadastral Survey of Juban, with their improvements, be registered in all the other oppositors, whose decree of relationship to the decedent is
the name of Maria Cano, Filipina, 71 years of age, widow remoter (Article 962, CC)
o With the understanding that Lot No. 1799 shall be subject to the right  This decree having become final, all persons are bared thereby from contesting
of reservation in favor of Eustaquia Guerrero pursuant to Article 891 the existence of the constituent elements of the reserva.
of the Civil code.  The only requisites for the passing of the title from the reservista to the appellee
 As the decision became final, Certificates of Title were issued in the name of are:
Maria Cano, subject to reserva troncal in favor of Eustaquia Guerrero. I (1) the death of the reservista;
 In October 1955, counsel for the reserve (reservatorio) Guerrero filed a motion with (2) the fact that the reservatario has survived the reservista.
the Cadastral Court, alleging the death of the original registered owner  ITC: Both facts are admitted, and their existence is nowhere questioned.
and reservista, Maria Cano, on September 8, 1955, and praying that the original  The contention that an intestacy proceeding is still necessary rests upon the
Certificate of Title be ordered cancelled and a new one issued in favor of movant assumption that the reservatario will succeed in, or inherit, the reservable property
Eustaquia Guerrero and that she be placed in the possession of the property from the reservista. HOWEVER, the reservatario is not
 Jose and Teotimo Fernandez, sons of the reservistaMaria Cano, opposed the the reservista's successor mortis causa nor is the reservable property part
motion of the reservista's estate
o They contended that the application and operation of the reserva o The reservatario receives the property as a conditional heir of the
troncal should be ventilated in an ordinary contentious proceeding, and descendant (prepositus), said property merely reverting to the line of
that the Registration Court did not have jurisdiction to grant the motion. origin from which it had temporarily and accidentally strayed during
 Lower Court: In favor of Eustaquia  granted the petition for the issuance of a new the reservista's lifetime. T
certificate o he authorities are all agreed that there being reservatarios that survive
o Held the death of the reservist avested the ownership of the property the reservista, the latter must be deemed to have enjoined no more than
in the petitioner as the sole reservatorio troncal. a life interest in the reservable property.
 Thus, the reservatario nearest to theprepositus (ITC: Eustaquia) becomes,
 In this appeal, the heirs of reservista Maria Cano insisting that the ownership of automatically and by operation of law, the owner of the reservable property.
the reservatorio can not be decreed in a mere proceeding under sec. 112 of Act o The property is no part of the estate of the reservista, and does not even
496, but requires judicial administration proceedings, wherein the rights of answer for the debts of the latter.
appellee, as the reservatorio entitled to the reservable property, are to be declared.  Hence, its acquisition by the reservatario may be entered in the property records
 In connection thereto, the heirs contend that the reversion in favor of without necessity of estate proceedings
the reservatorio requires the declaration of the existence of the following facts:  It is equally well settled that the reservable property can not be transmitted by
(1) The property was received by a descendant by gratuitous title from an a reservista to her or his own successors mortis causa so long as
ascendant or from a brother or sister; a reservatario within the third degree from the prepositus and belonging to the line
(2) Said descendant dies without issue; whence the property came, is in existence when the reservista dies.
(3) The property is inherited by another ascendant by operation of law; and
(4) The existence of relatives within the third degree belonging the line from
which said property came.

W/N THE ISSUANCE OF NEW CERTIFICATE OF TITLE IN FaVOR OF


EUSTAQUIA WAS PROPER - Yes
 The requisites enumerated by the heirs have already been declared to exist by the
decree of registration wherein the rights of the appellee as reservatario
troncal were expressly recognized
o The subject lot was acquired by the Appellant Maria Cano by inheritance from
her deceased daughter, Lourdes Guerrero who, in turn, inherited the same from
her father Evaristo Guerrero