Aglibot v.

Maalac
G.R. No. L-14530, April 25, 1962, 4 SCRA 1030
FACTS:
The subject parcel of land belonged to the conjugal partnership of Anacleto
and Maria. They had a daughter named Juliana. When Maria died, she was
survived by her husband, daughter, and 2 sisters. Her portion of the conjugal
property was inherited by her daughter.
Subsequently, Anacleto contracted a second marriage with Andrea, with
whom he had 6 children. Thereafter, Juliana died intestate without any
descendant, thus living to her father the property she inherited from her mother.
Years later, Anacleto died.
ISSUE:
Who is entitled to the land that Anacleto inherited from his daughter, as between
the sisters of Maria on the one hand, and Andre and their 6 children, on the other
hand?
RULING:
The land in question is reservable property in accordance with the provisions
of Article 811 of the Spanish Civil Code (Article 891 of the New Civil Code). In
accordance with law, therefore, AnacletoMaalac was obliged to reserve the
portion he had thus inherited from his daughter for the benefit of the Aunts of
Juliana on the maternal side and who are, therefore, her relative within the third
degree belonging to the line from which said property came.