IGNACIO FRIAS CHUA, DOMINADOR CHUA and REMEDIOS CHUA, petitioners, vs.

THE
COURT OF FIRST INSTANCE OF NEGROS OCCIDENTAL, BRANCH V and SUSANA DE LA
TORRE, in her capacity as Administratrix of the Intestate Estate of Consolacion de la Torre,
respondents.

G.R. No. L-29901 August 31, 1977

MARTIN, J.:

FACTS: Jose Frias Chua sired three children with his first wife Patricia Militar, namely: Ignacio,
Lorenzo and Manuel. When Patricia died, Jose contracted a second marriage with Consolacion
de la Torre, with whom he had a child by the name of Juanita Frias Chua. In 1929, Jose died. In
the intestate proceeding, the lower court issued an order adjudicating, the one-half (1/2,)
portion of the subject property in this case, Lot No. 399 and the sum of P8,000.00 in favor of
Consolacion, the other half of the lot in favor of Juanito.

On February 27, 1952, Juanito died intestate without any issue. After his death, his mother
Consolacion succeeded to his pro-indivisio share of Lot No. 399. Consolacion executed a
declaration of heirship adjudicating in her favor the pro-indiviso share of her son Juanito and
transfer certificate of title covering the whole property was issued under her name. In 1966,
Consolacion died intestate leaving no direct heir either in the descending or ascending line
except her brother and sisters. In 1966, Petitioners, Ignacio and Lorenzo, the two surviving
children from the first marriage of Juanito, filed the complaint praying that the one-half (1/2)
portion of Lot No. 399 which formerly belonged to Juanito Frias but which passed to
Consolacion de la Torre upon the latter's death, be declared as a reservable property for the
reason that the lot in questionn was subject to reserval troncal pursuant to Article 981 of the
New Civil Code.

ISSUE: Whether or not the subject property complied with the requisites to be characterized as
reservable.

133 | P a g e HELD: No. As explained by Manresa which this court quoted with approval in
Cabardo v. Villanueva, 44 Phil 186, ―The transmission is gratuitous title when the recipient
does not give anything in return.‖ It matters whether the property transmitted be or not be the
sub ject to any prior changes; what is essential is that the transmission be made gratuitously,
or by an act of mere liberality of the person making, without imposing any obligation on the
part of the recipient; and that the person receiving the property gives or does nothing in return;
or, as ably put by an eminent Filipino commentator, ―the essential thing is that the person who
transmits it does so gratuitously, from pure generosity, without requiring from the transferee
any prestation.‖. It is evident from the record that the transmission of the property in question
to Juanito Frias Chua of the second marriage upon the death of his father Jose Frias Chua was
means of hersditary succession and therefore gratuitous.

The obligation of paying the Standard Oil Company of New York the amount of P8, 971.20 is
imposed upon Consolacion and Juanito Frias Chua not personally by the deceased Jose Frias
Chua in his last will and testament but by an order of the court in the testate proceeding No.
4816. As long as the transmission of the property to the heirs is free from any condition
imposed by the deceased himself and the property is given out of pure generosity, it is
gratuitous.

It is claimed that the complaint of petitioners to recover the one-half portion of Lot 399 which
originally belonged to Juanito has already prescribed when it was filed on May 11, 1966. We do
not believe so. It must be remembered that the petitioners herein are claiming as reservees did
not arise until the time the reservor, Consolacion, died in March 1966. When the petitioners
therefore filed their complaint to recover the one-half (1/2) portion of Lot 399, they were very
much in time to do so.

IN VIEW OF THE FOREGOING, the decision appealed from is hereby set aside. The petitioners
Ignacio Frias Chua, Dominador Chua and Remedios Chua are declared owners of 1/2
undivided portion of Lot 399; and the Register of Deeds of Negros Occidental is hereby
ordered to cancel. Transfer Certificate of Title No. 31796 covering Lot No. 399 issued in the
name of Consolacion de la Torre and to issue a new Certificate of Title in the names of
Consolacion de la Torre, 1/2 undivided portion; Ignacio Frias Chua, 1/4 undivided portion; and
Dominador Chua and Remedios Chua, 1/4 undivided portion, of said lot. Without
pronouncement as to costs.

By: MILH