What is reserva

troncal?
Reserva troncal 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. (Art. 891)
Purpose:
To prevent persons who are outsiders to the
family from acquiring, by chance or accident,
property which otherwise would have remained
with the said family. In short, to put back the
property to the line from which it originally came.
Note: Other terms used to refer to reserva
troncal:
1. Lineal
2. Familiar
3. Extraordinaria
4. Semi-troncal

property may be
impressed with a
reservable
character?
1. That the property was acquired by a
descendant (called praepositus or propositus)
from an ascendant or from a brother or sister by
gratuitous title when the recipient does not give
anything in return;
2. That said descendant (praepositus) died
without an issue;
3. That the same property (called reserva) is
inherited by another ascendant (called
reservista) by operation of law (either through
intestate or compulsory succession) from the
praepositus; and
4. That there are living relatives within the third
degree counted from the praepositus and
belonging to the same line from where the
property originally came (called reservatarios).
(Art. 891; Chua v. CFI of Negros Occidental,
Branch V, 78 SCRA 412; Rabuya, Civil Law
Reviewer, pp. 634-635)

5. Pseudo-troncal

What are the

requisites that must
exist in order that a

Does the reservista

own the reservable
property?
The reservista is an absolute or full owner,
subject to a resolutory condition. If the resolutory

condition is fulfilled, the reservistas ownership of

the property is terminated.
Resolutory condition: If at the time of the
reservistas death, there should still exist
relatives within the third degree (reservatarios)
of the propositus and belonging to the line from
which the property came.
Note: The reservable property is not part of the
estate of the reservista.

When does the

reservatario
acquire the right
over the reservable
property?

Upon the death of the reservista, the

reservatario nearest the decedent propositus
becomes, automatically and by operation of law,
the absolute owner of the reservable property.
(Cano v. Director of Lands)

Is there right of
representation in
reserva troncal?
Yes. There is representation in reserva troncal,
but the representative must also be within the
third degree from the propositus. (Florentino v.
Florentino)