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Padura Vs Baldovino
Padura Vs Baldovino
V.
REYES, JBL,J.,
SV: Fortunato Padura without any heirs, hence the four parcels of land he received
from his father were transmitted to her mother. After her mother died, Fortunato’s
nephews and nieces from his full sister and half-brother took possession of the
property. The court ruled that these nephews and nieces will have equal shares
over the property.
SC: Rule on Reserva troncal should be applied, meaning the relatives of Fortunato
up to the third degree will get the reservable property after his mother dies. The
children of such relatives (the reservatarios) can receive the property by way of
right of representation. But after applying the rule, the reservatarios and their
relationship will be considered in determining their shares. The rules on ordinary
intestate succession would be followed after the reservatarios have been
determined.
1. Agustin Padura married twice. His first wife was Gervacio Landig with
whom he had one child named Manuel Padura. His second wife was Benita
Garing with whom he had 2 children named Fortunato and Candelaria
Padura
c. Manuel (Fortunato’s half brother) also died. His heirs were his
legitimate children (the appellees) Dionisia, Felisa, Flora, Cornelio,
Francisco, Juana and Severino, all surnamed Padura 1
1
You will see later, kung bakit lugi talaga yung mga Baldovinos.
3. Benita Garing (the reservista) died. The children of Candelaria and
Fortunato took possession of the 4 parcels of land (the reservable
properties).
4. The Baldovinos filed this present petition wherein they seek to have the
properties partitioned suh that one-half of the same be adjudicated to
them, the other half to the Paduras on the basis that they inherited by
right of representation from their respective parents, the original reserves.
5. The Paduras opposed, arguing that they should all (all 11 of them) be
deemed inheriting in their own right hence, they should have equal
shares.
ISSUE: should the properties be apportioned among the nephews 2 of the whole
blood and nephews of the hald-blood equally? Or should the nephews of the whole
blood take a share twice as large as that of the nephews of the half-blood? The
nephews of the whole blood get twice the share.
• The reserva troncal is a special rule designed primarily to assure the return of
the reservable property to the third degree relatives belonging to the line
from which the property originally came, and avoid its being dissipated into
and by their relatives of the inheriting ascendant (reservista)
o Article 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. (871)
2
or niblings kasi may nieces din na kasama
3
Article 1006. Should brother and sisters of the full blood survive together with brothers and
sisters of the half blood, the former shall be entitled to a share double that of the latter.
(949)
4
Article 1008. Children of brothers and sisters of the half blood shall succeed per capita or
per stirpes, in accordance with the rules laid down for brothers and sisters of the full blood.
(915)
o The motives for such rule were explained by D. Manuel Alonso Martinez
in his book “El Codigo Civil en sus relaciones con Las Legislaciones
Forales” 5
Aside from the sample case, another reason why this rule was
adopted was to make it the law more democratic (Democracy
was becoming a trend when the civil code was being made by
the Spaniards, so fetch).
5
Passage was in Spanish. Google translate was not much help.
o In determining the rights of the reservatarios inter se, proximity of
degree and the right of representation of nephews are made to apply,
the rule of double share for immediate collaterals of the whole blood
should likewise be operative.
• Reserva Troncal merely determines the group pof relatives to whom the
property should be returned. Within the group, the individual right to the
property should be decided by applicable rules of ordinary intestate
succession (since art. 891 is silent on the matter).
• Even during the lifetime of the reservista, the reservatarios could compel the
annotation of their right (over the property) in the registry of property. The
reservable property is no part of the estate of the reservista, who may not
dispose them by will so long as there are reservatarios existing. The
reservatarios are in fact inheriting from the descendant prepositus from
whom the reservista inherited the property.
• If the nephews of whole and half-blood inherited the prepositus directly, the
whole bloods would receive a double share compared to those of the half-
blood. Why then should the half-bloods inherit equally just because of the
delay in the transmission of the property (when it was with the reservista)?
The hereditary portions should not change
• Philippine (and Spanish Jurisprudence) agrees with this despite the contrary
opinions of authors such as Sanchez Roman and Mucius Scaevola.
Appealed order REVERSED and SET ASIDE. Whole blood nephews will get twice the
share of those who are nephews of Half-blood.