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

c. there should still exist relatives within the third degree of the propositus. subject to a resolutory condition. It is he who has the obligation to reserve b. c. the property is not part any more of his estate (and therefore not subject to the payment of his own debts). he may even defeat the existence of any possible reserva by simply not giving the property involved to his ascendant.inherited by the ascendant by operation of law. The propositus must be a legitimate descendant (or legitimate half-brother or half-sister) of the origin of the property. Inasmuch as the propositus is the full owner of the property while he is alive. by way of inheritance. About the Reservor or Reservista a. there is no obligation to reserve. thru operation of law. Hence. Instead. This may do by an effective partition or otherwise. The reservoir is the ascendant who inherits from the propositus by operation of law. the reservor’s ownership over the property is terminated. Kind of ownership possessed by the reservor The resrvor is a full owner. If he inherited the property from the descendant not by legal succession nor by virtue of the legitime. and belonging to the line from which the property came. This is so because the cash is not the same property that he had acquired gratuitously. This happens for example when he inherits the free portion by virtue of a will. The resolutory condition is this: If at reservor’s death. d. ownership is transferred to the relatives hereinabove referred .

there would not have been any reserva. etal. while he was still alive. for other words the 186. considering that he was the full owner of said properties. the Supreme Court among other things said: Supposing the property in question to be of reservable character.. the reservee receives the property as a conditional heir of the propositus. it has been correctly ruled that the reservee is not the resrvor’s successor mortis causa. Jan 16. 1959).. Thus. said property merely reverting to the line of origin from which it has . or substituting the same. a part of the estate in administration at all. Indeed the only requisites for the passing of title from the reservista (reservoir) to the reservatario (reserve) are: (1) death of the reservista. b. Said property therefore does not pertain to his estate at all. because by such death. properly speaking. the propositus as arbiter of the reserva could have prevented the reserva’s ever coming into existence by. We say from the propositus because had the propositus so desired it. not from the reservor. (Cano vs Director of Lands. the reserve is extinguished.. L-10701. About the Reservees or Reservatarios a. disposing of the properties. 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. Th resrvees inherit the property from the propositus.. Indeed. nor is the reservable property part of the reservor’s not. and (2) the fact that the reservista had survived the reservatario. In Cabardo vs Villanueva 44 Phil. an interest on the part of the reservoir Lorenzo Abordo and his heirs therein terminated with his death.

(Thus. provided the reservoir had no fault or negligence. It is also well settled that the reservable property cannot be transmitted by the reservor to his own successor’s mortis causa so long as a reservee exist.) 4. Death of All the would be reservees Ahead of the reservor (reservista) 3. Extinguishment of the Reserva . Loss must be Accidental.temporarily and accidentally strayed during the reservor’s life time. ( Reservor – 30 years for real: 8 years for personal property. Prescription (as when the reservoir or stranger holds property adversely). because of his bad faith) See Justice Paras Book on Succession . Death of the reservor 2. Loss of the reservable properties.When does the obligation to reserve cease? 1.

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