Legal
Legal Provisions/Legal
Case Title(s) and question/problem/issue
Why is this a problem?
Citation presented by the
case(s)
Mendoza v. Delos 1. Are the subject The properties subject of the case are
Santos properties reservable three parcels of land presently in the
properties? name of respondent Julia Delos Santos.
G.R. No. 176422 Lot No. 1646-B, on the other hand, is
March 20, 2013 2. Can the petitioners be also in the name of respondent but co-
considered owned by Victoria Pantaleon, who
reservees/reservatarios bought one-half of the property from
by virtue of the law on petitioner Maria Mendoza and her
Reserva Troncal? siblings.
Petitioners are grandchildren of Placido
and Dominga Mendoza. Petitioners
alleged that the properties were part of
Placido and Dominga’s properties that
were subject of an oral partition and
subsequently adjudicated to Exequiel.
After Exequiel’s death, it passed on to
his spouse Leonor and only daughter,
Gregoria. After Leonor’s death, her
share went to Gregoria. Gregoria died
intestate and without issue. They
claimed that after Gregoria’s death,
respondent, who is Leonor’s sister,
adjudicated unto herself all these
properties as the sole surviving heir of
Leonor and Gregoria. Petitioners claim
that the properties should have been
reserved by respondent in their behalf
and must now revert back to them.
principle or Rule Conclusion
Involved
The principle of reserva 1. No. The properties are not reservable
troncal is provided in properties. Julia, who holds the
Article 891 of the Civil properties in dispute, is not Gregoria’s
Code: ascendant; rather, she is Gregoria’s
Art. 891. The ascendant collateral relative. The ownership of
who inherits from his the properties should be reckoned only
descendant any property from Exequiel’s as he is the ascendant
which the latter may from where the first transmission
have acquired by occurred, or from whom Gregoria
gratuitous title from inherited the properties in dispute.
another ascendant, or a
brother or sister, is 2. No. Petitioners cannot be considered
obliged to reserve such reservees/reservatarios as they are not
property as he may have relatives within the third degree of
acquired by operation of Gregoria from whom the properties
law for the benefit of came. Petitioners are Gregoria’s fourth
relatives who are within degree relatives, being her first cousins.
the third degree and They cannot even claim representation
belong to the line from of their predecessors as Article 891
which said property grants a personal right of reservation
came. only to the relatives up to the third
degree from whom the reservable
properties came. The only recognized
exemption is in the case of nephews
and nieces of the prepositus, who have
the right to represent their ascendants
(fathers and mothers) who are the
brothers/sisters of the prepositus and
relatives within the third degree.