1.

Solivio v Court of Appeals

1990
J. Medialdea

Is the case that involves the estate of the late novelist Esteban Javellana Jr.

We discussed a while ago that a reservor is the LA who acquires ownership of the RP by operation of
law from the prepositus (LD) – the 2nd transmission of title (is the LD of the origin who acquires
ownership of the RP from the origin by gratuitous title.) A reservor has the statutory obligation to
return the RP to the reservees who are legitimate relatives of the prepositus coming from the line of
the origin.

This case involves the acquisition of property by a LD from a LA? this case is actually the reverse of
the situation covered by Article 891 for the application of reserve troncal

- Esteban Jr. died a bachelor, no D, A, bs/ss, Nep and Nieces

- Only surviving relatives were the petitioner his maternal aunt, Celedonia and the respondent,
his paternal aunt Concordia.
- The paraphernal property in dispute came from the mother of decedent
- Before he died, he expressed to her maternal aunt Celedonia his intention to use his estate to
build a foundation for indigent students to obtain a college degree
- When Esteban Jr. dies, Celedonia told Concordia the plan and they both agreed.
- Maternal aunt, celedonia thus filed a letter of admin and that she be declared the sole heir of
the decedent. RTC granted the petition. She then sold the property in behalf of the
foundation.
- Despite the agreement, paternal aunt Concordia then filed an action for partition with another
court which was granted.
- Maternal Aunt, Celedonia appealed however CA affirmed the decision of the RTC.
- She argues that that the estate of the deceased was subject to reserva troncal and that
it pertains to her as his only relative within the third degree on his mother's side.

Issue: WN the property left by Esteban Jr is subject to reserve troncal for Maternal Aunt’s benefit?

Ruling: The SC speaking thru justice Medialdea said that Esteban Jr. is not a reservor and clearly the
property is not reservable because Esteban, Jr. was not an ascendant, but the descendant of his
mother, Salustia Solivio, from whom he inherited the properties in question. Therefore, he did not hold
his inheritance subject to a reservation in favor of his maternal aunt, Celedonia Solivio, who is his
relative within the third degree on his mother's side. The reserva troncal applies only to properties
inherited by an ascendant from a descendant who inherited it from another ascendant or brother or
sister. It does not apply to property inherited by a descendant from his ascendant, this case is actually
a reverse of the situation covered by Article 891.

The court declared the paternal aunt an heir entitled to ½ of his estate however, conformably to the
agreement between her and her co-heir the maternal aunt. The entire estate of Esteban Jr. will be
allotted for the foundation.