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58 (a and b)

Reservista is the owner of the reserve and therefore may alienate it but sale is subject to the condition
that if reservista, there is qualified reservatario is living the property will go to the reservatario

The reservatarios must annotate their interest to the reservista.

RESOLUTORY CONDITIONS CREATED BY RESERVA.— The reserva creates two resolutory


conditions, namely: (I) the death of the ascendant obliged to reserve; and (2) the survival, at the time of
his death, of relatives within the third degree belonging to the one from which the property came

RESERVEE'S (RESERVATORIO'S) RIGHT OVER THE PROPERTY DURING RESERVOR'S


(RESERVISTA'S) LIFETIME. — The reservee cannot impugn any conveyance made by the reservor but
he can require that the reservable character of the property be recognized by the purchaser.

Even during the reservista's lifetime, the reservatarios, who are the ultimate acquirers of the property, can
already assert the right to prevent the reservista from doing anything that might frustrate their revisionary
right. and, for this purpose, they can compel the annotation of their right in the registry of property even
while the reservista is alive.

(Gonzales v. CFI)

59.

The decedent not having left any compulsory heir who is entitled to any legitime, he was at liberty to
donate all his properties, even if nothing was left for his siblings- collateral relatives to inherit. His donation
to petitioner, assuming that it was valid, is deemed as donation made to a "stranger," chargeable against
the free portion of the estate. There being no compulsory heir, however, the donated property is not
subject to collation. (Arellano v. Pascual)

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