Reserva Troncal

(Art. 891)
Elements:
1) The ascendant, brother or sister, otherwise known as the origin
of the property, from whom the descendant–propositus has
acquired the property by gratuitous title;
2) The descendant–propositus from whom the ascendant–
reservista in turn had acquired the property by operation of
law;
3) The ascendant–reservista is obliged to reserve the property
4) The relative of the descendant–propositus, otherwise known
as the reservatorios or reserves who are within the 3rd degree
who belong to the same line from which the property came
from and for whose benefit the reservation is constituted. (Dir.
Of lands vs. Aguas 63 Phil. 279)
Purpose of Reserva Troncal
 It is to prevent the accidental transfer of property/wealth from
one line to another. Its principal aim to maintain as absolute
as possible, with respect to which it refers, the separation
between the paternal and maternal lines so that property of
one line may not pass to the other or through them to
strangers by accident.
Requisites for Reserva Troncal

1) Transfer of property by gratuitous title to the descendants

from one ascendant or brother or sister
2) Existence in the inheritance of such property acquired by
descendant
3) Existence of an ascendant who inherited property from the
descendant by operation of law
4) Existence of relatives of the descendant within the 3rd
degree and from the line where the property came from