Chua v.

CFI
G.R No L-29901, August 31, 1977
Martin, J Dominador Remedios
Doctrine: 1. Jose Frias Chua died. In an instestate proceeding,
portion of Lot 399 to Consolacion, his wife by the 2nd
In order to make a property reservable, the ff requisites must be
marriage; the other half to Juanito. Lorenzo and Ignacio
present:
received money.
a. Property was acquired by a descendant from an 2. Juanito died w/o any issue. After his death, his mother
ascendant or from a brother or sister by Consolacion succeeded to his pro-indiviso share of Lot
gratuitous title 399.
b. Said descendant died w/o an issue 3. Consolacion De La Torre Died intestate leaving no direct
c. Property is inherited by another ascendant by heir in the descending or ascending line except her
operation of law. brother and sisters.
d. There are relatives within the third degree 4. Petitioners (Ignacio, Remedios and Dominador)filed a
belonging to the line from which the said complaint praying that the portion of the lot that
property came. belonged to Juanito but which passed to Consolacion
upon his death be declared as reservable property as the
Facts said property was subject to reserva troncal.
Jose Frias Chua (+) Administratrix of the Estate of Consolacion De La Torre
opposed on the ground that the property was not
reservable as it was not received by gratuitous title but
1st Marriage 2nd Marriage for a consideration which was to pay Jose Frias Chuas
obligation to Standard Oil Co. of New York
Patricia Millar (+) Consolacion De La Torre(+)
Issue:
W/N the property was received by Juanito from his
father gratuitously
Held: Yes
Ignacio Lorenzo(+) Manuel(+) Juanito (+)
2. Manresa: Transmission is gratuitous or by gratuitous
title when the recipient does not give anything in
return.
3. In order to make a property reservable, the ff requisites
must be present:
a. Property was acquired by a descendant from
an ascendant or from a brother or sister by
gratuitous title
b. Said descendant died w/o an issue
c. Property is inherited by another ascendant by
operation of law.
d. There are relatives within the third degree
belonging to the line from which the said
property came
4. The obligation of paying Standard oil was imposed on
Juanito and Consolacion was not imposed by Jose but by
the court in a separate testate proceeding. The
transmission of the property from Jose to Juanito is
therefore gratuitous; the property is therefore reservable
in favour of the third degree of Jose Frias Chua from
which the property came. These relatives are petitioners