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Reserva Troncal

Art. 891. The ascendant who inherits from his descendant any property which the latter may have acquired by gratuitous title from another ascendant, or a brother or sister, is obliged to reserve such property as he may have acquired by operation of law for the benefit of relatives who are within the third degree and who belong to the line from which said property came. About the Origin, Propositus, Reservor or Reservista and the Reservees or Reservatarios About the Origin a. The origin of the property must be an ascendant or brother or sister b. The origin must be a Legitimate relative because reserve troncal exist only in the legitimate family. c. The transmission from the origin to the propositus must be by gratuitous title

About the Propositus a. The propositus is the descendant (brother or sister) whose death gives rise to the reserve, and from whom therefore the third degree is counted b. While propositus is still alive, there is no reserva yet, therefore he is the absolute owner of the property, with full freedom to alienate or encumber. Thus, he may even destroy the property or exchange or sell the property he received gratuitously, and because of such sale he receives cash, there is no reserva even if said cash is later on

inherited by the ascendant by operation of law. This is so because the cash is not the same property that he had acquired gratuitously. c. The propositus must be a legitimate descendant (or legitimate half-brother or half-sister) of the origin of the property. d. Inasmuch as the propositus is the full owner of the property while he is alive, he may even defeat the existence of any possible reserva by simply not giving the property involved to his ascendant, by way of inheritance, thru operation of law. This may do by an effective partition or otherwise.

About the Reservor or Reservista a. The reservoir is the ascendant who inherits from the propositus by operation of law. It is he who has the obligation to reserve b. If he inherited the property from the descendant not by legal succession nor by virtue of the legitime, there is no obligation to reserve. This happens for example when he inherits the free portion by virtue of a will. c. Kind of ownership possessed by the reservor The resrvor is a full owner, subject to a resolutory condition. The resolutory condition is this: If at reservors death, there should still exist relatives within the third degree of the propositus, and belonging to the line from which the property came, the reservors ownership over the property is terminated. Hence, the property is not part any more of his estate (and therefore not subject to the payment of his own debts). Instead, ownership is transferred to the relatives hereinabove referred

to. In Cabardo vs Villanueva 44 Phil. 186, the Supreme Court among other things said: Supposing the property in question to be of reservable character, an interest on the part of the reservoir Lorenzo Abordo and his heirs therein terminated with his death. Said property therefore does not pertain to his estate at all..in other words the property..is not, properly speaking, a part of the estate in administration at all. About the Reservees or Reservatarios a. The reserves are the relatives within the third degree (from the propositus) who will become the full owner of the property the moment the reservoir dies, because by such death, the reserve is extinguished. Indeed the only requisites for the passing of title from the reservista (reservoir) to the reservatario (reserve) are: (1) death of

the reservista; and (2) the fact that the reservista had survived the reservatario. (Cano vs Director of Lands, etal.., L-10701, Jan 16, 1959). b. Th resrvees inherit the property from the propositus, not from the reservor. We say from the propositus because had the propositus so desired it, there would not have been any reserva. Indeed, the propositus as arbiter of the reserva could have prevented the reservas ever coming into existence by, for example, disposing of the properties, or substituting the same, while he was still alive, considering that he was the full owner of said properties. Thus, it has been correctly ruled that the reservee is not the resrvors successor mortis causa; nor is the reservable property part of the reservors estate; the reservee receives the property as a conditional heir of the propositus, said property merely reverting to the line of origin from which it has

temporarily and accidentally strayed during the reservors life time. It is also well settled that the reservable property cannot be transmitted by the reservor to his own successors mortis causa so long as a reservee exist.

Extinguishment of the Reserva - When does the obligation to reserve cease? 1. Death of the reservor 2. Death of All the would be reservees Ahead of the reservor (reservista) 3. Loss of the reservable properties, provided the reservoir had no fault or negligence. (Thus, Loss must be Accidental.) 4. Prescription (as when the reservoir or stranger holds property adversely). ( Reservor 30 years for real: 8 years for personal property, because of his bad faith)

See Justice Paras Book on Succession

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