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Constancio Sienes et. al. v Fidel Esparcia et.al, G.R. No.

L-12957, March 24, 1961


Facts: The case involves Lot 3368 which originally belonged to Saturnino aeso!
"ccording to the cadastral records, u#on Saturnino$s death, he le%t the aid land to
&rancisco, his only son with his second wi%e, "ndrea 'utang! (ecause &rancisco was a
)inor at the ti)e, his )other ad)inistered the #ro#erty %or hi), declared it in her na)e
%or ta*ation #ur#oses and #aid the ta*es due thereon!
&rancisco died on May 29, 1932 at the age o% 2+, single and without any
descendant, his )other, as his sole heir, e*ecuted an e*tra,udicial settle)ent and sale
whereby, a)ong other things, she sold the #ro#erty in -uestion to the a##ellant,
.onstancio Sienes!
Therea%ter, .i#riana and /aulinaaeso, the surviving hal%0sisters o% &rancisco, and
who had declared the -uestioned #ro#erty in their na)e, e*ecuted a deed o% sale in %avor
o% the s#ouses &idel 1s#arcia and /aulina Sienes! The Trial court declared both sale as
void and ordered that the #ro#erty be reverted to the estate o% .i#riana aeso, the lone
surviving relative and heir o% &rancisco aeso at the death o% "ndrea 'utang!
ss!e: 2hether or not the sale o% the #ro#erty by "ndrea 'utang who is obliged to
reserve the #ro#erty is valid although at the ti)e o% her death, there are still surviving
relatives within the third degree belonging to the line %ro) which the #ro#erty ca)e!
R!lin"3 4o!
The land in -uestion was a reservable #ro#erty! &rancisco aeso inherited it by
o#eration o% law %ro) his %ather Saturnino, and u#on &rancisco5s death, un)arried and
without descendants, it was inherited, in turn, by his )other, "ndrea 'utang! The latter
was, there%ore, under obligation to reserve it %or the bene%it o% relatives within the third
degree belonging to the line %ro) which said #ro#erty ca)e, i% any survived her! The
record discloses that when "ndrea 'utang died, the lone reservee surviving her is
.i#riana aeso!
The reserve creates two resolutory conditions, na)ely, 617 the death o% the
ascendant obliged to reserve and 627 the survival, at the ti)e o% his death, o% relatives
within the third degree belonging to the line %ro) which the #ro#erty ca)e! The
reservista has the legal title and do)inion to the reservable #ro#erty but sub,ect to a
resolutory condition8 that he is li9e a li%e usu%ructuary o% the reservable #ro#erty8 that he
)ay alienate the sa)e but sub,ect to reservation, said alienation trans)itting only the
revocable and conditional ownershi# o% the reservists, the rights ac-uired by the
trans%eree being revo9ed or resolved by the survival o% reservatarios at the ti)e o% the
death o% the reservista!
The sale )ade by "ndrea 'utang in %avor o% a##ellees was, there%ore, sub,ect to
the condition that the vendees would de%initely ac-uire ownershi#, by virtue o% the
alienation, only i% the vendor died without being survived by any #erson entitled to the
reservable #ro#erty! 2hen "ndrea 'utang died, .i#riana aeso was still alive8 thus, the
#revious sale )ade by the %or)er in %avor o% a##ellant beca)e o% no legal e%%ect and the
reservable #ro#erty #assed in e*clusive ownershi# to .i#riana!
:n the other hand, it is also clear that the sale e*ecuted by the sisters /aulina and
.i#riana aeso in %avor o% the s#ouses &idel 1s#arcia and /aulina Sienes was sub,ect to a
si)ilar resolutory condition! The reserve instituted by law in %avor o% the heirs within the
third degree belonging to the line %ro) which the reservable #ro#erty ca)e, constitutes a
real right which the reservee )ay alienate and dis#ose o%, albeit conditionally, the
condition being that the alienation shall trans%er ownershi# to the vendee only i% and
when the reservee survives the #erson obliged to reserve! ;n the #resent case, .i#riana
aeso, one o% the reservees, was still alive when "ndrea 'utang, the #erson obliged to
reserve, died! Thus the %or)er beca)e the absolute owner o% the reservable #ro#erty u#on
"ndrea5s death!
4a)e3 Mar,orie <! /orcina
(atch 3 Succession .ase <igest

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