EDROSO VS.

SABLAN (1913)
Marcelina Edroso, petitioner-appellant,
vs.
Pablo and Basilio Sablan, opponents-appellees
DOCTRINE: A reservor's right to the reservable property is not just usufructuary in nature. The
reservor, having inherited the reservable property from the prepositus, acquires ownership thereof,
subject to a resolutory condition. Thus, a reservor has a registrable title to the property, and may
institute land registration proceedings in the appropriate case.

It must be noted, however, that during the registration proceedings, the reservees should
intervene solely for the purpose of ensuring that the reservable nature of the property is properly
inscribed in the title. Otherwise, a clean title issued pursuant to a decree of registration, may in the
proper case extinguish the reserva.

Mariano Ma. Rita

Victoriano Marcelina

Pedro

FACTS: Spouses Marcelina Edroso and Victoriano Sablan had a son named, Pedro
who inherited two parcels of land upon the death of his father.
1. Subsequently, Pedro died,unmarried and without issue, the two parcels of land passed
through inheritance toh i s m o t h e r . H e n c e t h e h e r e d i t a r y t i t l e w h e r e u p o n i s
b a s e d t h e a p p l i c a t i o n f o r registration of her ownership.
2. The two uncles of Pedro, Pablo and Basilio Sablan (legitimate brothers of
Victoriano) opposed the registration claiming that either the registration be denied or
if granted to her, the right reserved by law to them be recorded in the
registration of each parcel.
3. The Court of Land Registration denied the registration holding that the land in
question partake of the nature of property required by law to be reserved and that in
such a case application could only be presented jointly in the names of the
mother and the said two uncles. Hence, this appeal.

ISSUE: W h e t h e r o r n o t t h e p r o p e r t y i n q u e s t i o n i s i n t h e n a t u r e o f a
r e s e r v a b l e property.

HELD:

A very definite conclusion of law is that the hereditary title is one without a valuable consideration
(gratuitous title), and it is so characterized in article 968 of the Civil Code, for he who acquires by
inheritance gives nothing in return for what he receives; and a very definite conclusion of law also is
that the uncles are within the third degree of blood relationship.

Marcelina Edroso, ascendant of Pedro Sablan, inherited from him these two parcels of land which he
had acquired without a valuable consideration - that is, by inheritance from another ascendant, his
father Victoriano. Having acquired them by operation of law, she is obligated to reserve them intact
for the claimants, who are uncles or relatives within the third degree and belong to the line of Mariano
Sablan and Maria Rita Fernandez, whence the lands proceeded. The trial court's ruling that they
partake of the nature of property required by law to be reserved is therefore in accordance with the
law.

The person required by article 811 to reserve the right, has, beyond any doubt at all, the rights of use
and usufruct. He has, moreover, for the reasons set forth, 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 recoverable 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 rightis reserved
cannot dispose of the property, first because it is no way, either actuallyor constructively or
formally, in their possession; and moreover, because they haveno title of ownership or of the fee
simple which they can transmit to another, on thehypothesis that only when the person who must
reserve the right should die beforethem will they acquire it.

The SC reverse the judgment appealed from, and in lieu thereof decide and declare that the applicant
is entitled to register in her own name the two parcels of land which are the subject matter of the
application, recording in the registration the right required by article 811 to be reserved to either or
both of the opponents, Pablo Sablan and Basilio Sablan, should they survive her.