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CASE DIGEST: NIEVA V. ALCALA SEARCH

Published by bigboy on February 14, 2014 | Leave a response

Segunda Maria Nieva v. Manuela Alcala

G.R. No. L-13386, October 27, 1920

FACTS: Law Tech World

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Juliana Nieva, the alleged natural mother of the plaintiff Segunda Maria
Nieva, married Francisco Deocampo. Of said marriage Alfeo De Ocampo
was born. Juliana Nieva died intestate on April 19, 1889, and her said Like Page
son, Alfeo De Ocampo, inherited from her, ab intestate, parcels of land.
AlfeoDeocampo died intestate and the parcels of land passed to his Be the first of your friends to like this

father, Francisco De Ocampo, by intestate succession.

Thereafter Francisco Deocampo married Manuela Alcala, of which
marriage was born Jose De Ocampo. Francisco De Ocampo died on
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August 15, 1914, whereupon his widow and son, the defendants herein,
took possession of the parcels of land in question, under the claim that
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Jose De Ocampo (a minor) had inherited the same, ab intestate, from
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his deceased father. Segunda, claiming to be an acknowledged natural
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daughter of the said Juliana Nieva, instituted the present action for the
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purposes of recovering from the defendants the parcels of land in
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question invoking reservatroncal. The lower court held that, even
Guide (20,937)
granting, without deciding, that the plaintiff was an acknowledged
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natural daughter of Juliana Nieva, she was not entitled to the property
to Get HM01 – Cut (17,911)
here in question because, in its opinion, an illegitimate relative has no
2014 Case Digest: Arigo v.
right to the reservatroncal.
Swift (17,755)
ISSUE: 2017 Case Digest: Estipona
v. Lobrigo and People
Is an illegitimate relative within the third degree entitled to (14,468)
reservatroncal? Pokemon Revolution: How
to Get to Articuno in
RULING:
Seafoam Island (13,777)
No. In Article 811 (ReservaTroncal) the legislator uses the generic 2015 Case Digest: Diocese of
terms “ascendant,” “descendant,” and “relatives,” without specifying Bacolod v. COMELEC
whether or not they have to be legitimate. Does the legislator, then, refer (13,562)
to legitimate as well as to illegitimate relatives? Case Digest: Estrada v.
Escritor (13,040)
This question has not been decided before by any court or tribunal. Case Digest: THE
However, eminent commentators on the Spanish Civil Code, who have PROVINCE OF NORTH
devoted their lives to the study and solution of the intricate and difficult COTABATO, et al .…
problems that may arise under the provisions of that Code, have dealt (12,898)
with the very question in this case, and are unanimous in the opinion Case Digest: LA BUGAL
that the provision of Article 811 of the Civil Code apply only to legitimate B’LAAN TRIBAL
relative. ASSOCIATION… (12,702)

Manresa, one of the eminent commentators, in determining the persons

in whose favor the reservation is established, says: Persons in whose
favor the reservation is established — This is one of the most delicate
points in the interpretation of article 811. According to this article,
the reservation is established in favor of the parents who are within the This work by Law Tech World is
third degree and belong to the line from which the properties came. licensed under a Creative
Commons Attribution 4.0
It treats of blood relationship, which is applicable to questions on International License.
succession, according to articles 915 to 920. It could not be otherwise,
because relationship by affinity is established between each spouse and
the family of the other, by marriage, and to admit it, would be to favor
the transmission of the properties of the family of one spouse to that of
the other, which is just what the article intends to prevent.

It also treats of legitimate relationship. The person obliged to reserve it is

a legitimate ascendant who inherits from a descendant property which
proceeds from the same legitimate family, and this being true, there can
be no question, because the line from which the properties proceed must
be the line of that family and only in favor of that line is the reservation
established.

To hold that the appellant is entitled to the property left by her natural
brother, Alfeo Deocampo, by operation of law, would be a fragrant
violate of the express provision of the foregoing article.

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