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CHUA vs.

COURT OF FIRST INSTANCE & LA TORRE


G.R. No. L-29901, August 31, 1977
Topic: Reserva Troncal
DOCTRINE:
In order that a property may be impressed with a reservable character, the following
requisites must exist, to wit:
(1) that the property was acquired by a descendant from an ascendant or from a
brother or sister by gratuitous title;
(2) that said descendant died without issue;
(3) that the property is inherited by another ascendant by operation of law; and
(4) that there are relatives within the third degree belonging to the line from
which said property came.
FACTS:
First marriage Jose Chua & Patricia Militar children: Ignacio, Lorenzo and Manuel;
wife died and Jose inherited
Second marriage Jose & La Torre; child: Juanito
Manuel died without leaving any issue. Then Jose died intestate leaving the widow
and his children from both marriages as heirs. Consolacion inherited a part of Lot
No. 399 while Juanito inherited the other part of said lot. Juanito died and La Torre
inherited to Juanitos share of Lot No. 399. Title of the said lot was consolidated in
her name. When La Torre died, her heirs were her siblings. The children of the first
marriage filed an opposition in the intestate proceedings stating that half of Lot No.
399 is reservable property subject to reserve troncal.
ISSUE/S: WON the said property inherited by La Torre is a reservable property?
HELD/RATIO: YES.
In order that a property may be impressed with a reservable character the following
requisites must exist: (1) that the property was acquired by a descendant from an
ascendant or from a brother or sister by gratuitous title; (2) that said descendant
died without an issue; (3) that the property is inherited by another ascendant by
operation of law; and (4) that there are relatives within the third degree belonging
to the line from which said property came.
In this case, all of the foregoing requisites are present. Juanito died intestate; he
died without leaving any issue; his pro-indiviso of 1/2 share of Lot No. 399 was
acquired by his mother; Juanito who died intestate had relatives within the third
degree. These relatives are Ignacio and Dominador and Remidios, the supposed
legitimate children of the deceased Lorenzo, who are the petitioners herein.