CIVIL LAW 1 REVIEW – 5/14/2017 - 7th meeting

RESERVA TRONCAL/LINEAL, VACANCIESOF SHARES, ACCRETION, REPRESENTATION,

INSTETATE SUCCESSION, BARRIER RULE

Reserval Troncal: 3 lines of transmission; 4 persons involve

- To bring back the property from the line where it came from.
- All of the relationship is legitimate, no illegitimate nor adopted.

Requisites:
1. There is a property that was acquired by the prepositus from the origin by way of gratuitous title.

2. The prepositus died without living any issue/descendant.

3. The property will be inherited by another ascendant (reservista) through operation of law either as
compulsory heir or legal heir.

What is the nature of interest of the reservista?

- That will depend of whether at the time of the death of reservista there is reservatario alive.

4. There are living relatives within the third degree counted from the prepositus belonging to the same
line (blood relative of the origin).

- In any succession through operation of law from a descendant from an ascendant.

- What makes reserval troncal different from other kind of succession?

Nature of interest of Reservista (CH of Legal Heir) – He is a true heir and will be acquiring ownership
of property by way of succession except that the interest he acquired is subject to a resolutory
condition (if condition is fulfilled the right will be extinguished).

Resolutory condition – if at the time of the death of reservista, there is reservatario, the resolutory
condition is fulfilled. If this is fulfilled, the reservista will lose his right over the property.
If there are no reservatario, the condition is not fulfilled and the right of reservista will become
absolute and will form part of the estate of reservista that will pass to his own heirs.
Reservatario – acquires the property through succession not from reservista but from the prepositus.

While the reservista is still alive, what is the nature of the right of the reservatario?
- The reservatario is an expectant heir of the prepositus. His right is mere inchoate.
- If the reservatario sold his expectancy over the property, the sale is void since it is a sale of future
inheritance.

Article 1347. All things which are not outside the commerce of men, including future things, may be
the object of a contract. All rights which are not intransmissible may also be the object of contracts.

No contract may be entered into upon future inheritance except in cases expressly authorized
by law.

All services which are not contrary to law, morals, good customs, public order or public policy may
likewise be the object of a contract.

**- It is not a requirement in reserva troncal that the reservatario is living at the time of the
death of prepositus. He is only required to be living only at the time of death of the reservista.

- Reservista’s interest while he is alive is that he is the owner of property but subject to resolutory
condition. Therefore, he can sell the property while he is alive but the transferee can only get what the
transferor can validly transfer. If the right of the transferor is subject to a resolutory condition, the right
that will be acquired by a transferee is also subject to a resolutory condition.

Can the transferee acquire the property without being subjected to a resolutory condition?
- Yes, if the buyer will be in good faith, without knowledge of existence of reservation.

- In order for reservatario to protect his interest it is necessary that he must do something to protect
his expectancy. If the subject property is a real property, the reservable condition can be registered in
the registry of property which will serve as constructive notice.

- If the transferee acquired it in good faith, the remedy of reservatario is to file damages against the
estate of the reservista.

- It is the reservista who has the obligation to annotate the reservable condition of the property. If
reservista did not annotate, the reservatario can register it. Reservatario, in lieu of registration, can
also demand for the security of the protection of his inchoate interest.

- Reservista cannot dispose of the property mortis cause because that property will not form part of
his property upon his death. (this is a case where there is reservatario when he died)

- Reservista can dispose of his property through a will because the testator can make testamentary
disposition which is subject to a resolutory condition. If the reservista disposes the property in his will
and there is reservatario, the disposition simply becomes ineffective but if at the time of his death
there are no reservatario the resolutory condition is not fulfilled, therefore the property form part of his
estate.

Who is a reservatario?
a. Blood relativeof the prepositus within the 3 rd degree.
b. Coming from the same line where the property came.
c. Blood relative of origin

Scenario: there is a grandchild, the son of F and M. F is the child of GF and GM. The property came
from paternal line, the GF made a donation in favor of GC through gratuitous title. GF is the origin,
GC is the prepositus. After the donation, the father, GF and GC died successively. The property was
inherited by the mother through operation of law as a legal heir.

- If at the time of the death of the mother, the surviving relatives are the mother’s brother and the
mother-in-law. Is there are reservatario?
- there are no reservatario because there are no blood relative in the same line living. There is no
reserve troncal. The property will now form part of the estate of the mother upon her death and will be
distributed to the heirs of the mother.

Scenario: additional
The child died with a brother, at the time of the death of M, the surviving relatives of the child is the
GF, brother of mother and the brother of the child. Is there a reservatario?
- Yes the brother of the child is a reservatario since he is a blood relative of the prepositus and the
origin.

In intestate succession, if the child died and survived by the mother and brother, the sibling is
excluded because the direct line exclude the collateral line.

Scenario: additional
If the brother of the child is already dead, upon the death of M, the brother of the father, brother of M
and the mother-in-law survived M. Is there a reservatario?
- Yes, the brother of the father of the prepositus (child) is is a blood relative of the prepositus and the
origin and within third degree.

Scenario: additional
If the brother of the child is already dead but he left a child. The brother of the father, brother of
mother, the mother-in-law and the nephew of prepositus (child) survived M.
- Are both the brother of the father and the nephew of prepositus a reservatario?

4. (4th requirement) If all of the requisites had been satisfied and there are several person
qualifying under the first three requisites among them APPLY THE RULES ON INTESTACY.

Article 1009. Should there be neither brothers nor sisters nor children of brothers or sisters, the other
collateral relatives shall succeed to the estate.

The latter shall succeed without distinction of lines or preference among them by reason of
relationship by the whole blood.

- In this case, the nephew will exclude the brother of the father. Nephew is the only reservatario.

- If there are many nephews living, all of them will become a reservatario. If there are full blood and
half blood, the half blood will only get half of the share of the full blood following the rule on intestacy.
Vacancies of shares

Testamentary succession
Legitime (Compulsory Heirs) Free Disposable Protion [FDP] (Voluntary heir,
Legacy, devisee)
Resons for Vacancies: Resons for Vacancies:
P redecease P redecease
I ncapacity I ncapacity
D isinheritance R epudation
R epudation
Modes of filling the vacancies: Modes of fillinnng the vacancies:
Substitution – X NOT APPLICABLE Sustitution - √ APPLICABLE
Accretion – X NOT APPLICABLE Accretion - √ APPLICABLE
By operation of Law By operation of Law
By testator By testator
Right of Representation Right of Representation – X NOT APPLICABLE
- √ APPLICABLE in PID Because they are inheriting by reason of
– X NOT APPLICABLE in Repudation testator’s will.
An heir who renounces his share cannot be
represented
This part will remain to be vacant and will be Legal Succession – last resort
distributed by way of intestate succession. It will
go to the legal heir of decedent.

Intestate succession
VACANCIES
Resons for Vacancies:
P redecease
I ncapacity
D isinheritance (there is a will with disposition of disinheriting the heir with no distribution of his
property)

Property will be distributed by way of intestate succession except to the disinherited heir who
will be represented by his own relative or representative.

Representation will take place if proper, if not, the other heirs will acquire it in their own right.
Resons for Vacancy:
R epudation

Other heir will acquire the vacant part by accretion.

Modes of filling the vacancies:
Substitution – X NOT APPLICABLE
Accretion – √ APPLICABLE (always takes place in case of vacancy by reason of repudation)
By operation of Law
By testator
Right of Representation
- √ APPLICABLE in PID if proper
Accretion
2 kinds of accretion:
1. By testator’s will
- If he expressly provide for accretion the requisites need not be present.

2. By operation of law.
- The requisites of accretion must be present.
- If the testator is silent as to whether there is accretion.

With respect to the FDP, accretion may take place if the requisites provided for by law is present but
even if the requisites are present, the testator by his express will prohibit accretion.

The express will of the testator is the supreme law unless it is contrary to moral, customs, public
policy or order.

Requisites:
1. There are vacancies of shares either by reason of PIDR.

2. They are co-heirs, co-devisee or co-legatees and they are called upon to inherit with respect to the
same share, inheritance and property.

3. Among them, there is a state of co-ownership.

Representation
Basic Principle:
1. Applicable only to succession by operation of law or inheritance conferred by law.
Only a Compulsory heir or legal heir can be represented.

2. In what line may it take place?

Direct Line Collateral Line
Descending – representation may only take There is representation only in favor of nephews
place in direct descending line. and nieces of the decease only if they will
survive together with brothers or sisters of
Ascending – never in this line the deceased.

Illustration:

If there are no brothers or sisters of the

deceased, the nephews and nieces will inherit in
their own right.
3. Grounds for vacancies that may give rise of representation?
- Only in Predecease, Incapacity, Disinheritance.
- There is no representation if the reason of vacancy is repudiation, because an heir who renounces
his share cannot be represented.

4. The representative does not inherit from the person represented. He inherits from whom the
person represented would have inherited.

Illustration 1.
The child can represent his father, with whom he repudiated his inheritance, to inherit to the
grandfather.

Illustration 2.
Article 992. An illegitimate child has no right to inherit ab intestato from the legitimate children and
relatives of his father or mother; nor shall such children or relatives inherit in the same manner from
the illegitimate child.

An illegitimate child cannot inherit from the legitimate relatives of the parents since in representation,
the representative cannot inherit to the father but willinherit to the grandfather. (Barrier rule)

Illustration 3.
Both can inherit from the grandfather. It is not covered by the barrier rule. Barrier rule is only
applicable if the person represented is legitimate but if the person represented is illegitimate, the
rights of the illegitimate child is transmissible to his children whether legitimate or illegitimate.
Illustration 4.
Adopted cannot represent his father to inherit from the parents of the adopter. They are not related to
each other.
In representation, the capacity to inherit is not reckoned from the person represented but in relation to
the decedent.

5. The representative is entitled only to the share of person represented.

Illustrative problem:
Testator has 4 legitimate children, A, B, C, D and E
1 illegitimate Child Y
A & E predecease him but E was survived by his children O & P
In his will he instituted as heirs A, B, C, D, Y & the Children of E but omitted his wife, W.
B, becomes unworthy to inherit but has a child, M
C, repudiated the inheritance but has a child N.
Estate is 1.8 M

Satisfy first the legitime of the compulsory heirs.

Para di mailto, don’t think that there are already deceased, incapacitated or repudiated.

Legitime FDP
A – does not become a compulsory heir and not FDP remaining – 562,500.00
entitled to the legitime because he died ahead of * If there are compulsory heirs, the institution
decedent and he does not have children. made by the testator pertains only to the FDP.
4 Legitimate is entitled to 900k
B - 225k each Instituted heirs
C - 225k each A - 80,357 each
D - 225k each B - 80,357 each
E - 225k each C - 80,357 each
D - 80,357 each
Spouse has same share of 1LC Y - 80,357 each
W - 225k O - 80,357 each
P - 80,357 each
ILC is entitled to ½ of share of 1 LC
Y - 112,500k
___________________
Total: 1,237,500.00

Legitime
Since B is incapacitated to inherit, his share will be given to his child, M by representation (since the
reason is incapacity).
Since E predeceased the testator but was survived by his children, O & P will divide their father’s
share, each getting 112,500 each.

C repudiated the inheritance, therefore he cannot be represented. His part shall be distributed to the
legal heir of the deceased.
It will be distributed through legal succession/intestate succession
His legal heirs are
B to be represented by M - 50T
D - 50T
E represented y O & P - 50T – divide 2, 25k each
W - 50T
Y - 25T

In Intestate, the share of wife is the same of the share of legitimate.

The share of illegitimate if half of the share of legitimare.

X4 – 2x 2x 2x 2x
X1
9x = 225
X – 25,000T
2x – 50,00T

FDP
Since A is already dead, substitution and representation (a voluntary heir cannot be represented
because representation only applies to succession by operation of law) is not allowed. Accretion
is the only mode allowed, the requisites are present (see requisites above).
A’s share will accrue to his co-heirs, B is not included because he is incapacitated, C is also not
included since he repudiated. D, Y, O & P are his co-heirs.

The 80,357 share of A, B and C with the total of 241,071 will accrue to their co-heirs D, Y, O & P each
getting additional 60, 267.75 in addition to their share of 80,357.

The estate is distributed as follows:

225,000 to M (son of B) as compulsory heirs by right of representation;
225,000 to D as compulsory heir in his own right.
225,000 will go to O & P, each getting 112,500 as compulsory heir by right of representation.
225,000 to W as compulsory heir in her own right.
112,500 to Y as compulsory heir in his own right.

D gets 80,357 as voluntary heir in his own right plus 60,267.75 as voluntary heir by right of accretion.
Y gets 80,357 as voluntary heir in his own right plus 60,267.75 as voluntary heir by right of accretion.
And same with O & P

M as legal heir, 50,000 will go to him as legal heir by right of representation

D as legal heir, 50,000 will go to him as legal heir by his own right
O & P 25 each as legal heir by right of representation
W as legal heir, 50,000 will go to her as legal heir by his own right
Y 25,000 as legal heir in his own right.
INTESTATE SUCCESSION
1. Direct line will exclude the collateral line. Whether there is direct line whether ascending or
descending, the collateral line is excluded. (Rule on exclusion)
Concurring are not excluded (surviving spouse, illegitimate children) (Rule on concurrence)

2. Within the direct line, the direct descending line shall exclude the direct ascending line (decedent –
legitimate)

If the deceased is illegitimate – he has no legitimate ascendants. The illegitimate parents are exclude
by any kind of descendant whether legitimate of illegitimate.

As to the ascendants, only the parents can become legal heirs but does not exclude Surviving
spouse. If survived together ½ will go to illegitimate parents and the other half is to the surviving
spouse.

3. Legal Succession among the descendants (DDL)

- 1st degree - Child
- 2nd degree - grandchildren
- 3rd degree – great grandchildren

- Rule of proximity will apply wherein the neared excludes the farther. Subject to the right of
representation.

The children who died can be represented and the others will inherit in their own right.

If all died, grandchildren will inherit by representation, per stirpes.

If one of them is incapacitate, he can also be represented.

IF all of them are incapacitated, grandchildren will inherit by representation, per stirpes.

If all of them were validly disinherited, estate will be distributed by intestate succession (if the
provisions of the will talks about disinheritance only), grandchildren will inherit by representation, per
stirpes.

If one will repudiate, accretion will take place and will accrue in favor of the co-heirs.

If two of them repudiated, the vacant parts will accrue to C for example.

If all repudiated, they cannot be represented, the second degree will become legal heirs in their own
right.
4. Among Direct Ascending Line
Proximity rule shall apply.

If both the parents are alive, there will be equal division.

If the father is already deceased and the mother is alive, applying rule on proximity, all the shares will
go to mother because the father cannot be represented by the grandparents.

If both parents are deceased, rule is that equal division of the two lines, regardless of the surviving
members in each line.

5. Concurrence
DDL ------ with --------- SS - share of surviving spouse is always equal as the share of each legitimate
child.

Several LC (3) --------with -------- SS - share of surviving spouse is still equal as the share of each
legitimate child.

Estate: 1M
Survived by: 3LC and SS
250 each to 3LC and 250k to SS.

Disregard the concept of legitime in intestate succession.

EXCEPT: If the descendants will concur together with the illegitimate children.
Rule is the share of legitimate is double than the share of an illegitimate child.

Illustration: Estate – 1.2M, survived by 2LC, 1ILC

Shares: LC is 2x ILC is X.
2x + 2x + x = 5x
5x = 1.2M
X = 240
2x = 480

If the legitimate children and illegitimate child concur, verify if there is impairment of the
legitimes of the legitimate.

In this case there is no impairment because their supposed to be legitime is 600k and their share
exceeded 600k.

Illustration 2: Estate – 1.2 M, survived by 1LC, 5 ILC

Share: LC is 2x ILC is X
 2x + x + x + x + x + x = 7x
7x = 1.2M
X = 171k
171 x 5 = 855 – it will be the total of the illegitimate
2x = 340

Compare with supposed legitime.

LC is 600k, the solution will ipare the legitime of the child. If that’s the case, restore to them their
legitime.
The share of 1LC - 600k and the remaining 600k will be distributed among the 5ILC

Illustration 3: Estate – 1.2 M, survived by 3LC, 3ILC and SS

3LC 3ILC SS
(2x + 2x + 2x) (x + x + x) 2x = 11

11x = 1.2M
X = 109k
2x = 218k

SS and LC = 218k each

ILC = 109K each
No impairment since the total share of legitimate exceeds the supposed legitime of 600k.

Illustration 4: Estate – 1.2 M, survived by 2LC, 4ILC and SS

2LC 4ILC SS
(2x + 2x) (x + x + x + x) 2x = 10

10x = 1.2M
X = 120
2x = 240

Check legitime: 240 x 2 = 480k, the supposed legitime of LC is impaired.

Therefore, the legitime shall be followed.
LC – 600k divide by 2, 300k each
SS – 300k
4ILC – 300 to be divided equally among them

6. Concurrence
DAL ---------with------------SS
½ of estate ½ of estate
To be equally divided by the parents, if both dead divide equally to two line

7. DAL ---------with------------ILC
½ of estate ½ of estate to be divided equally among them

8. DAL -----------------with-----------------ILC-------------------with------------------SS
½ of estate ¼ of estate ¼ of the estate
If the testator made a will and made 60k of legacy. The 1/8 FDP of estate will complete the legacy.

9. ILC excludes collateral line

If the proof of illegitimate child is open and continuous state of illegitimate child – he cannot be an heir
because you cannot prove your illegitimacy after the death of decedent.
If the proof is DNA test – he cannot inherit, the evidence that can only be presented are those allowed
by law.
In both case, he must file the action during the lifetime of the father, otherwise it is forever barred.

He can only prove his filiation after the death of the father if he will be basing in on a document, either
the birth certificate or any instrument public or private signed by the putative father.

ILC does not exclude the SS

½ of estate ½ of estate

10. SS – she is disqualified to inherit if she was the guilty spouse in legal succession.

SS excludes the Collateral line

Except: Brothers or sisters, nephew or nieces (concurring)

SS ------------------------------- B/S/N/N
½ of the estate ½ of the estate

11. B/S/N/N excludes the other collateral line (as provided for in Article 1009 of NCC)

Estate 1.2 Surviving relatives:

3full blood brothers, 1 Full blood nephew (child of third FB B who died),
2 half blood brother, 1 half blood nephew and
SS

SS B/N
½ of the estate ½ of the estate
(600k) (600k)

- The share of the full blood is twice than the share of a half blood whether brothers, sisters, nephews
or nieces
- In collateral line, there is also representation in favor of nephews and nieces if they will survive with
the brothers or sisters of the deceased.

FB-B – (2x + 2x) FB-N (2x) HB-B (1x + 1x) HB-N (1x) = 9x
9x =600
X = 67
2x = 134
11. Other collateral line up to the 5th degree

Rule on proximity will apply

There is no representation
Same degree has equal division regardless of full blood or half blood

12. Escheat – by the State

Barrier rule/Iron Curtain Rule

Article 992. An illegitimate child has no right to inherit ab intestato from the legitimate children and
relatives of his father or mother; nor shall such children or relatives inherit in the same manner from
the illegitimate child.

The law speaks of an illegitimate child and the legitimate family of the parents.

Under the barrier rule, all those who are legitimately related are prohibited to inherit from the
illegitimate child and vice versa. It applies to succession by operation of law.
The grandfather can disregard the rule by simply instituting the illegitimate child as a voluntary heir,
legacy or devise.

Barrier rule does not apply in support.

In support, brothers and sisters, illegitimately related can demand support from each other to the full
extent of the law except when the illegitimately related brother and sister is of legal age and the
reason for demand for support is due to his fault.

The ILC can inherit from ILGF.

Barrier rule does not apply

Read Article 902 & 903

This is a rule seprating the legitimate and illegitimate family

The law presumes that there is antagonism between the family.

Can this be rebutted by proof of the contrary?

Suntay vs Coangco-Suntay, penned by J. Nachura
Obiter Dictume – issue is letter of administrator
Presumed antagonism is rebutted by actual evidence of the case
In same case, MR – it is premature to discuss barrier rule