Florentino v Florentino

FACTS:
Apolonio Isabelo Florentino II married Antonia Faz, with whom he
had 9 children. When his wife died, Apolonio married Severina, with
whom he had 2 children- Mercedes and Apolonio III. Apolonio II died and
was survived by his second wife and the ten children, Apolonio III, being
born after Apolonio II died. Apolonio II was able to execute a will
instituting as universal heirs his 10 children, posthumous Apolonio III and his
widow, Severina, and declaring that all of his property should be divided
among all of his children in both marriages.

In the partition of his estate, Apolonio III was given 6 parcels of land
and some personal property of Apolonio II. Apolonio III later died and his
mother, Severina, succeeded to all these properties. She subsequently
died, leaving a will instituting as her universal heiress her only living
daughter, Mercedes. As such heir, Mercedes took possession of all the
property left at the death of her mother, including the property inherited
by Severina from Apolonio III, which is said to be reservable property.

The children of Apolonio II by his first wife, as well as his

grandchildren by the first marriage, instituted an action for recovery of
their share of the reservable property. The defendants contend that no
property can be reserved for the plaintiffs inasmuch as there is a forced
heiress and the obligation to reserve is secondary to the duty to respect
the legitime.

ISSUE:
Whether or not the property is subject to reserva troncal

HELD:
Yes. The property is subject to reserva troncal. Even if Severina left in
her will said property to her only daughter and forced heiress,
nevertheless, this property has not lost its reservable nature. The
posthumous son, Apolonio III, acquired the property by lucrative title or by
inheritance from his legitimate father.

Although such property was inherited by Severina, nevertheless, she

was duty bound to reserve the property thus acquired for the benefit of
the relatives within the third degree of the line from which such property
came. Ascendants do not inherit the reservable property, but its
enjoyment , use and trust merely for the reason that the law imposes the
obligation to reserve and preserve the same for certain designated
persons, who on the death of said ascendants- reservoir, acquire the
ownership of said property in fact and operation of law in the same
manner as forced heirs.

There are then 7 reservees entitled to the reservable property left at

the death of Apolonio III, to wit:
a. Apolonio II’s 3 children from his first marriage
b. The children of Apolonio II’s deceased children, 12 in all
c. Mercedes, Apolonio III’s sister.
All of the plaintiffs are relatives of the posthumous son within the
third degree (four as half-siblings and 12 as his nephews and nieces). As
the first four are his relatives within the third degree in their own right and
the others by right of representation, all are entitled as reservees.

The properties in question came from the common ancestor,

Apolonio II, and when, on the death of Apolonio III without issue, the same
passed by operation of law into the hands of his legitimate mother,
Severina; it became reservable property with the object that the same
should not fall into the possession of persons other than those
comprehended within the order of succession traced by the law from
Apolonio II, the origin of the property.

Severina could have disposed in her will all her own property in
favor of her only living daughter, Mercedes, as forced heir. But the
provision concerning the reservable property reducing the rights of the
other reserves is null and void inasmuch as said property is not her own
and she has only the right of usufruct or of fiduciary, with the right to
deliver the same to the reserves.

Reservable property does not fall under the absolute dominion of

the ascendant who inherits and receives the same from his descendant,
therefore, it does not form part of his property nor become the legitime of
his forced heirs. It becomes his own property only in case all the relatives
of his descendant died, in which case, the said reservable property loses
such character.