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Edroso v.

Sablan
Marcelina Edroso was married to Victoriano Sablan
had a son Pedro
Victoriano Sablan
died a year after Pedro was born
Pedro Sablan
inherited 2 parcels of land, upon death of father
said land was acquired by his father, by inheritance, from his ascendants Mariano
Sablan and Maria Fernandez
unmarried
without issue
died, after 11 yrs
Marcelina Edroso
therefore, inherited the 2 parcels of land
applied registration of ownership
Pablo and Basilio Sablan
brothers of Victorian (uncles of Pedro)
opposed registration
or assuming registration was granted, that the right reserved by law to them be recorded.
Court of Land Registration
Denied
(1) parcels of land partake nature of the nature, required by law, to be reserved - SC:
Yes, true.
(2) the application for registration can only be presented jointly in the names of
Marcelina and Pablo and Basilio - SC: No. Marcelina can register.
Marcelina Edroso
appealed through a Bill of Exception
(1) that it is not proven that the 2 parcels of land have been acquired by operation of law,
(2) only property acquired without a valuable consideration, which is by operation of law, is
required by law to be reserved.
Basis of (1) and (2) was that Pedro Sablan acquired property before the enforcement of Civil
Code (law requires land to be reserved)

as “the absolute title to the two parcels of land belongs to the applicant and the two uncles of the deceased Pedro Sablan. through a deliberate act and not by operation of law (iii) Absence proof to the contrary.SC The property is a reservable property (1) As per Art 811 "The ascendant who inherits from his descendant property which the latter acquired without a valuable consideration from another ascendant. inherited the land. to the exclusion of collaterals. (b) Pablio and Basilio Uncles. for he who acquires by inheritance gives nothing in return for what he receives. legal presumption is that the transfer was abintestate or by operation of law (d) Thus. is under obligation to reserve what he has acquired by operation of law for the relatives who are within the third degree and belong to the line whence the property proceeded. she is obligated to reserve the land for the claimants who may be uncles or relatives within the third degree and which land belongs to the line of Mariano Sablan and Maria Rita Fernandez 2) As to denial by the TC of registration. through inheritance (operation of law) from his father. his ascendants shall inherit from him. " (a) The rights in the property of the person who holds it subject to the reservation of article 811 = equivalent to transfer of absolute ownership . within the 3rd degree of blood relationship (c) Marcelina Edroso As ascendant of Pedro. or from a brother or sister. which is without valuable consideration (i) As per Art 935 "In the absence of legitimate children and descendants of the deceased.” (ii) There no testamentary provision that demonstrates any transfer / conveyance of property from the son to the mother." (a) Definition of hereditary title / inheritance: Hereditary title is one without a valuable consideration [gratuitous title]. and it is so characterized in article 968 of the Civil Code.

the right required to be reserved would disappear.Right to use. that is "If at his or her death no legitimate children or descendants of the first marriage survive. moreover. disposal and recovery. Except. This is inherent in the hereditary title. then a “limitation" to that absolute ownership would arise. . He has. after the right that in their turn may pertain to them has been assured. If there should be relatives within the third decree who belong to the line. On the other hand. the legal title and dominion. No act of disposal inter vivos of the person required by law to reserve the right can be impugned by him in whose favor it is reserved. because such person has all. although under a condition subsequent. the relatives within the third degree in whose favor the right is reserved cannot dispose of the property. Except that the legal title is burdened with a condition that the third party acquirer may ascertain from the registry in order to know that he is acquiring a title subject to a condition subsequent It seems to us that only an act of disposal mortis causa in favor of persons other than relatives within the third degree of the descendant from whom he got the property to be reserved must be prohibited to him. either actually. have only an expectation. and therefore they do not even have the capacity to transmit that expectation to their heirs. as it does not have support in law But a limitation as to a condition subsequent. constructively or formally. Such limitation is not the usufructuary limitation. first because it is no way. and any alienation would not only be valid but also in every way absolutely effective. enjoyment. absolutely all. beyond any doubt at all. the rights of use and usufruct. the rights inherent in ownership." (b) If the person who must reserve the right should outlive all the persons in whose favor the right is reserved. then there would be no reason for the condition subsequent that they survive him object of the law having disappeared. (???) (d) The conclusion is that: The person required by article 811 to reserve the right has. in their possession. (c) The relatives within the third degree.

because it is what by operation of law would fall to the mother from her son's inheritance. does not need to be reserved. 90 days. at free disposal. 1/2 of Pedro Sablan's inheritance was acquired by his mother by operation of law. by intestate succession. in such case only the 1/2 portion constituting the legal portion would be required by law to be reserved.*** another perspective in analyzing reserva troncal *** (2) If Pedro Sablan had instituted his mother in a will as the universal heiress of his property. (4) As to prescription argument by Marcelina. The other half is also presumed to be acquired by operation of law — that is. The other half. but the right of action for guaranteeing in the property registry that this property is required by law to be reserved” . if I remember correctly. where according to her. the Mortgage Law grants a period of time for recording it in the property registry. for seeking entry in the registry" "The right of action for requiring that the property be reserved has not prescribed. the law doesnt say that all his properties need be reserved but only what he expressly left her as the "legal portion of a legitimate ascendant” As per Art 809. She only said that “For to those who are entitled to that right (guaraty). the right of action of the brothers of Victoriano has already prescribed were requires her to record the reservation in the RD. as per Mortgage Law SC: Marcelina did not state what those provisions of the Mortgage Law are. (3) Thus.

SC: .