John Louie Esguerra

GR No. 176422, March 20, 2013

1. Discuss the applicability/non-applicability of the rule on RESERVA TRONCAL pursuant to

Art. 891, 964.
Ans: Article 891 of the Civil Code specifically provides that the person obliged to reserve
the property should be an ascendant of the descendant. Art. 964 on the other hand
provides that the person who can reserve the property if no descendant nor ascendant is
available, must be determined by a series of degrees which may either be a direct or
collateral relative. A direct line is constituted by series of degrees among ascendants
and descendants, while A Collateral is from those who are not ascendants nor
descendants but who come from a common ancestors.

2. List down from the facts of the case and pursuant to the ruling the parties called
a. The ascendant or brother or sister from whom the property was received
by the descendant by lucrative or gratuitous title;
Ans: Exequiel and Leonor
b. The descendant or perpositus (propositus) who received the property;
Ans: Julia, Leonor’s sister.
c. The resevor (reservista), the other ascendant who obtained the property
from the prepositus by operation of law;
Ans: Antonio and Valentin, brothers of Exequiel
d. The reserve (reservatario) who is within the third degree from the
prepositus and who belongs to the (linea o tronco) from which the
property came and for whom the property should be reserved by the
reservoir.
Ans: The petitioners in the case.

3. Discuss the degree of relationship over collateral relatives under Art. 1003, 1006 in
relation to the case given and the right to inherit from the reservista
Ans: The degree of relationship required by Art. 1003 of the Civil Code must be one on
the 3rd degree. Since the said rule, provides specifically the absence of any of the
descendants nor ascendants, collateral relative should succeed. In which case, those
relatives that came from a common ancestors.

a. Discuss the right of representation in relation to reserve truncal doctrine –

The Civil Code allows right of representation in Reserva Troncal, however, it
must also be within the third degree from the propositus.

G.R NOS. 140371-72 – DY YIENG SEANGIO, BARBARA D. SEANGIO xxx

1. Discuss the nature of supremacy of testate over intestate succession in relation to the case given.
Ans: The Supremacy of testate over intestate boils down to as what was really the intent of the
testator to begin with, and is recognized as the supreme law in succession. It is only when such
intent is contrary to law, morals, or public policy that a testamentary succession cannot be given
effect.

2. Explain whether or not law on preterition was applied;

Ans: In the case provided, there is no preterition provided, since the disinheritance provided for by
the testator falls within the enumeration provided for by the Civil Code. There was maltreatment on
the part of the son over his ascendant, hence no preterition was applied.

a. Discuss how many probate proceeded in reference to the determination of the

intrinsic; extrinsic validity of the will under the facts available in the subject case.

Ans: If the will in question is probated, the intrinsic validity of the will should be
considered. However, in the facts of the cases, the will was prepared by someone
not well verse in the legal documents and process, hence, should be given liberal
construction, which should also consider the circumstance and surrounding upon its
preparation.

G.R No. 143483, January 31, 2002

REPUBLIC OF THE PHILIPPINES REPRESENTED THE REGISTER OF DEEDS OF PASAY CITY,

PETITIONER, VS. COURT OF APPEALS (SPECIAL FORMER 3RD DIVISION) AND AMADA H. SOLANO,
ASSISTED BY HER HUSBAND ROMEO SOLANO, RESPONDENTS.

1. Discuss Escheat proceeding as applied/not applied in the case given

Ans: Escheat proceeding was applied in the case, since there was no recorded heir or other claimant
over the said property discussed in the case. Escheat is a proceeding, unlike that of succession or
assignment, whereby the state, by virtue of its sovereignty, steps in and claims the real or personal
property of a person who dies intestate leaving no heir. In the absence of a lawful owner, a property
is claimed by the state to forestall an open "invitation to self-service by the first comers."

2. Nullity of title/transfer of ownership as a result of escheat proceeding; how to establish right;

Ans: A claimant to an escheated property must file his claim within five (5) years from the date of
such judgment, such person shall have possession of and title to the same, or if sold, the
municipality or city shall be accountable to him for the proceeds, after deducting the estate; but a
claim not made shall be barred forever.

3. Prescription of time re recovery of title/rights

It must be within 5 years from the judgement of escheat.