Encarnacion Florentino et al vs.

Mercedes Florentino et al
40 Phil. 480
November 15, 1919

Topic/Doctrine: Reserva Troncal

FACTS:

In 1908, Severina Foz de Leon died leaving by will her entire estate including the property, which is the
subject matter of this litigation, to her only daughter and compulsory heir, Mercedes Florentino. The
records show that she inherited the property in question from her deceased son Apolinio Florentino III,
who, in turn, had inherited it from his deceased father Apolinio Florentino II. The right instituted heir,
Mercedes Florentino, to the property is now contested by the children and grandchildren of Apolinio
Florentino II by a previous marriage with the provision of Art. 811 ( now Art. 891) of the Civil Code and
that they, together with Mercedes Florentino, are entitled to the property as reservatorios.

ISSUE:

W/N the property is reservable and that the right of representation is applicable.

HELD:

YES. The Supreme Court held: “Following the order prescribed by law in legitimate succession, when
there are relatives of the descendant within the third degree, the right of the nearest relative over the
property which the reservista should return to him, excludes that of the ones more remote. The right of
representation cannot be alleged when the one claiming the same as a reservatorio of the reservable
property is not among the relatives within the third degree belonging to the line from which such property
came, inasmuch as the right granted by the Civil Code in Article 811 ( now Art. 891) is in the highest
degree personal and for the exclusive benefit of designated persons who are the relatives within the third
degree of the person from whom the reservable preoperty came. Therefore, relatives of the fourth and the
succeeding degrees can never be considered as reservatorios, since the law does not recognize them as
such. Nevertheless, there is right of representation on the part of reservatorios who are within the third
degree, as the case of nephews of the deceased person from whom the reservable property came. These
reservatorios have the right to represent their ascendants who are the brothers of the said deceased
person and relatives within the third degree in accordance with Article 811 of the Civil Code (now Art.
891).”