Professional Documents
Culture Documents
V.
MELANIA BALDOVINO, ET AL, OPPOSITORS-APPELLANTS
GR NO L-11960 DECEMBER 27, 1958
REYES, JBL,J.,
SV: Fortunato Padura without any heirs, hence the four parcels of land he received
from his father were transmitted to her mother. After her mother died, Fortunatos
nephews and nieces from his full sister and half-brother took possession of the
property. The court ruled that these nephews and nieces will have equal shares over
the property.
SC: Rule on Reserva troncal should be applied, meaning the relatives of Fortunato
up to the third degree will get the reservable property after his mother dies. The
children of such relatives (the reservatarios) can receive the property by way of
right of representation. But after applying the rule, the reservatarios and their
relationship will be considered in determining their shares. The rules on ordinary
intestate succession would be followed after the reservatarios have been
determined.
1. Agustin Padura married twice. His first wife was Gervacio Landig with
whom he had one child named Manuel Padura. His second wife was Benita
Garing with whom he had 2 children named Fortunato and Candelaria
Padura
2. He died leaving a last will and testament duly probated wherein he
bequeathed his properties among his children, Manuel, CAndelaria and
Fortunato, and his surviving spouse Benita (2 nd wife). Fortunato was
adjudicated 4 parcels of land
a. Fortunato died unmarried and without having executed a will; and
not having any issue, the 4 parcels of land were inherited
exclusively by Benita. Benita applied for an later was issued a
Torrens Certificate of Title in her name, BUT subject to the condition
that the properties were reservable in favor of relatives within the
3rd degree belonging to the line from which the property came
(Fortunato)
b. Candelaria (Fortunatos full sister) died leaving as her heirs her 4
legitimate children (the appellants) Melania, Anicia and Pablo all
surnamed Baldovino
c. Manuel (Fortunatos half brother) also died. His heirs were his
legitimate children (the appellees) Dionisia, Felisa, Flora, Cornelio,
Francisco, Juana and Severino, all surnamed Padura 1
3. Benita Garing (the reservista) died. The children of Candelaria and
Fortunato took possession of the 4 parcels of land (the reservable
properties).
a. CFI Laguna issued a resolution declaring the legitimate children of
Manuel and Candelaria are the rightful reserves and as such
entitled to the 4 parcels of land
4. The Baldovinos filed this present petition wherein they seek to have the
properties partitioned suh that one-half of the same be adjudicated to
1
You will see later, kung bakit lugi talaga yung mga Baldovinos.
them, the other half to the Paduras on the basis that they inherited by
right of representation from their respective parents, the original reserves.
5. The Paduras opposed, arguing that they should all (all 11 of them) be
deemed inheriting in their own right hence, they should have equal
shares.
6. TC rendered judgment declaring them all reservees without distinction and
have equal shares over the properties as co-owners, pro indiviso.
ISSUE: should the properties be apportioned among the nephews 2 of the whole
blood and nephews of the hald-blood equally? Or should the nephews of the whole
blood take a share twice as large as that of the nephews of the half-blood? The
nephews of the whole blood get twice the share.
Philippine (and Spanish Jurisprudence) agrees with this despite the contrary
opinions of authors such as Sanchez Roman and Mucius Scaevola.
Appealed order REVERSED and SET ASIDE. Whole blood nephews will get twice the
share of those who are nephews of Half-blood.
1. Whether or not all the relatives of the propositus within the third degree in the appropriate line
succeed without distinction to the reservable property upon the death of the reservista.
2. Whether or not the rights of the plaintiffs are subject to, and should be determined by, the
rules on intestate succession.
RULING:
Article 891. The ascendant who inherits from his descendant any property which the latter
may have acquired by gratuitous title from another ascendant, or a brother or sister, is
obliged to reserve such property as he may have acquired by operation of law for the
benefit of relatives who are within the third degree and who belong to the line from which
said property came.
The reserva troncal merely determines the group of relatives reservatarios to whom the property
should be returned, but within that group, the individual right to the property should be decided by the
applicable rules of ordinary intestate succession, since Article 891 does not specify otherwise. This
conclusion is strengthened by the circumstance that the reserva being an exceptional case, its application
should be limited to what is strictly needed to accomplish the purpose of the law.
Reversion of the reservable property being governed by the rules on instestate succession, the
plaintiffs must be held without any right thereto because, as aunt and uncles, respectively, of Faustino
(the propositus), they are excluded from the succession by his niece, the defendant, although they are
related to him within the same degree as the latter. Had the reversionary property passed directly from the
propositus, there is no doubt that the plaintiffs would have been excluded by the defendant under the
rules of intestate succession. There is no reason why a different result should obtain simply because the
transmission of the property was delayed by the interregnum of the reserva, i.e., the property took a
detour through an ascendant thereby govong rise to the reservation before its transmission to the
reservatario.
Dalisay Tongko-Camacho is entitled to the entirety of the reversionary property to the exclusion of the
plaintiffs.
Marcelina Edroso, ascendant of Pedro Sablan, inherited from him the two parcels of land which he
had acquired without a valuable consideration that is, by inheritance from another ascendant, his father
Victoriano. Having acquire them by operation of law, she is obligated to relatives within the third degree
and belong to the line of Mariano Sablan and Maria Rita Fernandez (parents of Victoriano), where the
lands proceeded. The trial courts ruling that they partake of the nature property required by law to be
reserved is therefore in accordance with the law.
The conclusion is that the person required by Article 811 to reserve the right has, beyond any doubt at
all, the rights to use and usufruct. He has, moreover, the legal title and dominion, although under a
condition subsequent. Clearly he has under an express provision of the law the right to dispose of the
property reserved, and to dispose of is to alienate, although under a condition. He has the right to recover
it, because he is the one who possesses or should possess it and have title to it, although a limited and
revocable one. In a word, the legal title and dominion, even though under a condition, reside in him while
he lives. After the right required by law to be reserved has been assured, he can do anything that a
genuine owner can do.
On the other hadnt, the relatives within the third degree in whose favor of the right is reserved cannot
dispose of the property, first because it is no way, either actually or constructively or formally, in their
possession; and moreover, because they have no title of ownership or of the fee simple which they can
transmit to another, on the hypothesis that only when the person who must reserve the right should die
before them will they acquire it.