Francisca Maghirang and Sierra Gutierrez vs Atilano Balcita et.

Al
GR L-22066 December 2, 1924

FACTS:
The original owner of 2 parcel of land is Bonifacio Gutierrez. He married thrice. The first wife
left no children. The second wife left a daughter, Zoila. Zoila died but left a daughter, Gertrudis.
Gertrudis died at the age of 16, leaving no heir except her father, Atilano Balcita.
Sergia Gutierrez is a daughter of Bonifacio in his 3rd wife (Francisca Maghirang). Sergia was
the aunt of Gertrudis and as a reserve under Art. 811 of the Civil Code she should succeed to
the title of the 2 parcels of land.
Trial court ruled that the lands was free from the claim of Sergia, that said lots are held by the
defendants subject to a contingent reservable interest in her favour.
ISSUE: WON Sergia is entitled to the lands as a reserve (NO)
RULING:
Where a person during minority conveys land for a valuable consideration under conditions
beneficial to himself, the contract will be given full effect after the death of such person before
reaching the age of majority, as against one who, if the conveyance had not been made, would
had a valid claim as reserve subject to the life estate of the father of such decease minor.