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OCTOBER 10, 2017 spouse is omitted, he can ask for the completion of the

legitime under Article 906.


REVOCATION BASED ON A FALSE CAUSE
Filiation may be natural or artificial. Natural is produced
The status of the will in case of revocation based on a by gestation. Whereas, artificial filiation is produced by
false cause depends if the will is revoked by a fiction of law wherein relation is created.
subsequent will, not by an act of physical destruction,
the basis for revoking the will must be stated in the If a Filipino executed a will abroad, the law that will
revoking will. If that is not stated in the revoking will, the govern must be distinguished based on their formal or
revocation will remain valid. intrinsic validity.

If the revocation is by an act of destruction and the basis With respect to its formal or extrinsic validity, the law that
is a false cause, the revocation is valid. If the revocation will govern is the law of the place where the will where it
is by means of another will or subsequent will, the law is executed, the law of his domicile, or the Philippine law.
requires that the basis or reason for revoking the will
must be stated in the revoking will otherwise, the With respect to its intrinsic validity, the law that will
revocation remains valid. govern is the national law of the person whose
succession in under consideration.
INSTITUTION OF HEIR BASED ON A FALSE CAUSE
Distinction must be made because of Article 16 which
If the institution of an heir is made on the basis of a false refers to intrinsic validity and Article 17 which refers to
cause, the institution shall be valid unless it appears in extrinsic validity.
the will that the testator would not have made the
institution had he known of the falsity of the cause. If a Filipino executed a will abroad and it was probated
on the same place of its execution, when he returns in
HOW IS A WILL REPUBLISHED? the Philippines, there is no need for another probate
under the Rules of Court. However, there must be
A will is republished through the execution of another will another proceedings but not for the purpose of probate.
or a codicil referring to the one previously executed. The purpose is only to establish the fact that said will
INSTITUTION OF HEIR has been allowed or probated in that country wherein it
was presented. If it was allowed there, it will be allowed
The law does not require the institution of an heir for the here.
validity of a will. So that a will that does not contain an
institution of an heir is still valid. In such a case the PRETERITION IN PREDECEASE
estate shall pass by applying the order of the intestate There can be preterition in predecease only when right
succession. of representation applies even if the omitted child is not
In testate succession, the basis of the right to succeed is married but has his own child. (There is right of
the institution as an heir. In intestate succession, the representation by the children of the omitted child of the
basis of the right to succeed is the relationship of the testator. However, if the omitted child who predeceased
heir within the 5th civil degree. the testator has no own children, then there is no
preterition because no descendant in the direct line will
PRETERITION represent him.)
It is the omission of a compulsory heir in the direct line. EFFECT OF PRETERITION
Preterition, the word itself, means omission. It does not
always mean, however, that the compulsory heir in the The effect of preterition is the total annulment of
direct line is always omitted because preterition can refer institution of heirs. It will not result to intestacy
to omission of: because of legacy and devise, if there are any. It will
only result to intestacy if there are no legacies or devises
1. the compulsory heir in the direct line; given by the testator. (Neri vs. Atukin)
2. a compulsory heir simply; or
3. a property. PROHIBITED WILLS

It is not limited to the omission of compulsory heir in the JOINT WILL (Art. 818) – an instrument containing the
direct line. wills of two persons in the same instrument.

An adopted child can be preterited. (Acain vs Acain) RECIPROCAL WILLS or MUTUAL WILLS are not
Only the adopted child can be preterited but the prohibited by law as long as they are not executed in
surviving spouse cannot be preterited because the latter one instrument. But the moment they are executed in
is not a compulsory heir in the direct line. If the suriving one instrument, it becomes a joint will.

DE LA CERNA vs POTOT
(Admittedly the probate of the will in 1939 was predecease. But in the case of a compulsory heir, as a
erroneous, however, because it was probated by a court rule also transmits nothing to his own heir except when
of competent jurisdiction it has conclusive effect and a the right the right of representation applies, except in the
final judgment rendered on a petition for the probate of a case of repudiation because there is no right of
will is binding upon the whole world. However, this is representation in repudiation. One who does not want to
only with respect to the estate of the husband but cannot succeed cannot be represented.
affect the estate of the wife; considering that a joint will is
a separate will of each testator. A testator may bequeath or devise to an heir a property
in absolute ownership and the usufruct on the same
The joint will being prohibited by law, its validity, in so far property to one or more usufructuaries. When the one
as the estate of the wife is concerned, must be given to an instituted heir is an absolute ownership of the
reexamine and adjudicated de novo. property, and the usufructuary is given to one or several
persons by way of legacy or devise, the only right given
The undivided interest of the wife should pass upon her to the latter is only the right to use. In other words, only
death to her intestate heirs and not to the testamentary the usufruct of the property is given to somebody else.
heir. Thus as to the disposition of the wife, the will With respect to the right of usufruct, under the law, a
cannot be given effect. distinction must also be made between successive
A decree of probate decree is conclusive on the due usufructuary and simultaneous usufructuary.
execution and the formal validity of the will subject to In SUCCESSIVE USUFRUCT, the usufructuaries can
such probate.) enter into the enjoyment of the property one at a time.
If the law of the country of the foreigner neither prohibit They cannot enter into the enjoyment of the property
nor allows a joint will, that is not material in our laws. simultaneously because it is successive. But if it
SIMULTANEOUS USUFRUCT, all of them can enter into
MUTUAL WILLS or RECIPROCAL WILLS the enjoyment of the property at the same time. But that
is not all. The law provides that in the case of successive
(PCIB vs ESCOLIN)
usufruct, the usufructuaries must be one degree away
PURPOSE OF SUBSTITUTION OF HEIRS from each other. The same requirement prescribed by
law in the case of fideicommissary substitution is
The purpose of substitution of heirs is to prevent applicable here in usufruct. This means that the first
intestacy. usufructuary must not be more than one degree away
from the second usufructuary and the third must also not
GROUNDS FOR SUBSTITUTION OF HEIRS
be one degree away from the second usufructuary.(?)
1. Predecease The same interpretation of law has been given with
2. Incapacity respect to the meaning of one degree in the case of
3. Repudiation Ramirez vs. Ramirez which means, “one degree of
relationship”, unless if the second is a juridical person.
It is not necessary for the testator to specify for what
ground he is making the substitution. If the ground for PCIB vs Escolin
the substitution is not specified, the substitution can take
place on the basis of the 3 grounds. A will was executed here by the deceased wife of the
surviving spouse. In this will, she instituted the following
OCTOBER 11, 2017 heirs: her husband, brother and sister. The institution of
the husband as an heir was made subject to a resolutory
Revocation when based on a false cause is not valid. condition, and the institution of her brother and sister
But in case of an institution of heir when it is made on was made subject to a suspensive condition. The
the basis of a false cause, it shall simple be considered resolutory condition imposed by the testatrix is that upon
as not imposed unless it can be shown that the testator her death, all properties of the testatrix shall pass to her
would not have made such institution if not for the false husband in absolute ownership. However, in the same
cause. will, the testatrix said, “If upon my death, there should
Rights of an heir depends on their status. For a voluntary remain properties acquired by my husband from me, in
heir, in case predecease, he transmits nothing to his own other words, if upon my death and upon the death of my
heirs. For compulsory heir, he also transmits nothing to husband there should remain properties acquired by my
his own heirs except when the right of representation husband from me, then my brother and sister shall
applies. succeed to those properties.” In other words, upon the
death of the testatrix, her husband succeeds to all of her
In the case of compulsory heir, in case of predecease, properties in absolute ownership. But if upon the death
incapacity and repudiation, he also transmits nothing to of the husband there should remain properties which the
his own heir. In case of voluntary heir, it mentions only husband inherited from his wife, said properties shall not
form part of the estate of the husband because they will allowed by the law on obligations and contracts. In other
be inherited by the brother and sister of the testatrix. words, if the condition attached in the institution is valid,
does it follow that it is also allowed by the law under
ISSUE: Whether or not this is a case of substitution of obligations and contracts? So, that when the condition is
heirs. not allowed by the law under obligations and contracts,
HELD: the same will not also cannot be attached to the
institution of heir?
NO, it is not the case of substitution because the heirs
are instituted simultaneously with no one substituting A: NO, because this is where the exceptions come.
another. However, a distinction must be made between In obligations and contracts, if the condition
the institution of the husband as heir and the institution attached to the obligation is not valid or impossible,
of the brother and sister as heirs. its effect on the obligation must be distinguished
The right of the husband accrue over the inheritance based on positive and negative. The mere
upon the death of his wife. All properties owned by the attachment of void obligation does not automatically
wife shall belong to the husband. He can do whatever he render the obligation void. It depends on the manner
may want to do over said properties. No limitations were on which the condition is attached. If it was attached
imposed. However, should the husband dies, there negatively, it will not affect the validity of the
should remain some of the properties he inherited from obligation.
his wife, and there is where the resolutory condition However, the above rules on obligations and
applies. Insofar as the remaining properties are contracts do not apply on succession. Because in
concerned all right acquired by the husband from the succession, if a void condition is attached, the
testatrix shall be terminated. In other words, said institution will remain valid and the void condition
properties shall not form part of the estate of her will only be considered as not imposed. The mere
husband because they will now pass to her brother and attachment of illegal condition to the institution does
sister. That is the condition imposed by the testatrix. The not affect the validity of institution under the law on
nature of the condition insofar as the husband is succession.
concerned is a resolutory condition. On the other hand,
insofar as the brother and sister is concerned, they are The reason for the distinction is…
instituted simultaneously with the husband. But the
difference lies in the manner they were instituted as Suppose in instituting one as an heir, the testator
heirs. Institution of the husband was made subject to a attached a potestative condition, what will be its effect in
resolutory condition. Institution of the brother and sister the institution of an heir?
was made subject to a suspensive condition. A: The institution will still be valid.
There is no substitution here because inn order for POTESTATIVE CONDITION – a condition the
substitution to arise, there should be refusal to accept, fulfilment of which is dependent upon the will of one
incapacity, repudiation, predecease. None of these are of the parties. The obligation will become void with
present. Therefore, there is no substitution. Instead, the attachment of this kind of condition when its
conditions are attached but in a qualified manner. fulfilment is dependent upon the will of the debtor
NOVEMBER 28, 2017 because the debtor can control the birth of the
obligation. If he does not want the obligation to
Under the law, institution of an heir in a will is not arise, he may not just fulfil the condition. But it will
necessary to make the will valid. In such a case, the be valid when the fulfilment of the potestative
estate is distributed in accordance with the order of condition is dependent upon the will of the creditor.
intestate or legal succession. It is so, because it is the creditor who is most
interested in the fulfilment of the obligation. If the
If the testator should prefer to make institution, the law condition is fulfilled, the one who will be benefitted
says there are several ways in making this. The will be the creditor. It will redound to the benefit of
institution may be made subject to a condition, to a term, the creditor.
or mode.
Q: Will those rules apply to succession?
The same rules under the obligation and contracts with
respect to the kind of conditions that may be attached to A: NO. The attachment of illegal or void potestative
the institution of heirs. condition in the institution does not affect the
validity of the institution of heir. It will simple be
With respect to the conditional institution of heir, the considered not written because in succession the
kinds of conditions that may be attached by the testator institution is considered as an act mortis causa.
to the institution of heir are those recognised and Under the law on obligations, no party dies instead,
both parties are alive. Under the law on succession, the estate is not placed under administration but the
one is dead and the other is alive. Attachment of legal heirs will be entitled to it.
void or illegal condition does not affect the validity
The reason behind the difference in the rules when
of the institution. It is simply considered as not
the testamentary provision is made subject to
written because the law is not stricter here than in suspensive condition and suspensive term lies in
law on obligation. Because in the latter case, in law the distinction between condition and term.
on obligations, there is still the possibility of Condition may or may not come or happen while
changing the condition while in law on succession, term will definitely come even though it is not
there is no possibility of changing the condition. certain when it will come.
Hence, it will only be considered as not imposed.
Legal heir will be allowed to enter under the
Condition or term or substitution applies only to the condition that he will give a security to make sure
legacy or device but never to a legitime. It applies that on the arrival of the period, there is something
only to the free portion. that can be transmitted to the heir.

Suppose the testator provided in his will that he will give Q: Caucion Muciana vs Caucion Juratoria
one a car provided the latter will not marry, it is an A: Both are securities but caucion juratoria applies
absolute condition hence it is void and not deemed in cases of usufruct and the caucion muciana
imposed. An absolute prohibition to marry is void applies in succession.
because it will tend to violate the right of a person to
choose his status in life. Caucion Muciana is usually required in a
POTESTATIVE condition to ensure return not only of
NOVEMBER 29, 2017 the property itself but as well as the fruits to the
estate in case of non-fulfillment of the condition.
If the prohibition is absolute, it is void. But if the
prohibition is relative, it can be valid. According to the LEGITIMES – a part of the testator’s property which he
express provision of the law, in the case of absolute cannot dispose of because the law specifically reserves
prohibition to marry, it is not valid because it violates the it for the heirs called the compulsory heirs.
right of an individual to choose his status. But the law
says, if it is the reverse and this is the express provision PURPOSE OF LEGITIMES:
of the Code, if instead of prohibiting the person to get The purpose of legitime is to give force of law on the
married, he is required to get married to be able to get natural obligation of a person to provide
what is given to him by the testator, it is valid. Do they
not involve a violation of the right of a person to choose To enable and oblige the testator to give his estate
his own status in life? Yes because in both instances, due to FAMILY TIES. It is a sort of a reminder to a
there is a violation, whether to prevent the person not to person.
marry or to compel a person to get married.
DISINHERITANCE – it is that which intended by law that
Q: Will the mere prohibition to marry make the would soften the impact produced by legitimes. A person
prohibition null and void? can be deprived of one’s legitime through disinheritance.
Only compulsory heirs can be disinherited because they
A: No. When the absolute prohibition not to marry is are the only ones entitled to legitimes.
imposed by the deceased spouse in the will made
by him during his lifetime. It may also be imposed In the case of legitime, the FRACTIONAL UNIT of the
by the relatives, ascendants or descendants of the what the testator owns is the part thereof which the
deceased spouse. Such prohibition is allowed by testator cannot dispose of. When the law speaks of
law because … legitimes, it does not speak of specific properties.
If such prohibition is made in a will, the nature of the Owner of the property is prohibited from disposing a
provision is… portion of what he owns, because it is reserved by law
for the benefit of a person called the compulsory heir.
Q: When can an estate be placed under administration? This means that the testator is prohibited from disposing
A: An estate can be placed under administration if it of his properties by gratuitous title. The prohibition here
subject to suspensive condition. The purpose in should not be understood in its generic term. It refers
placing the property under administration is to only to GRATUITOUS DISPOSITION. If the disposition is
preserve the property or the estate during the ONEROUS, it is NOT COVERED by the prohibition
pendency of the condition. This applies only when because the testator gets something in exchange of
the testamentary provision is made subject to a what he disposed of such as in the case of sale or
condition, not to a term. barter. This is not the kind of disposition referred to in the
case of legitime. The kind of disposition referred to by
If the testamentary provision is made subject to a law on legitime is gratuitous disposition.
suspensive term, during the pendency of the period,
Under the law on obligations, when it comes to How did the provision on reserve troncal come into
gratuitous dispostions of property the law says the existence?
person making the diposition must reserve something for
the benefit to someone who he may be obliged to The NCC is the product of the labor the Code
something to. Commission which is chaired by Boccobo. It is created
pursuant to the order President Quezon to replace the
KINDS OF LEGITIMES: Spanish Civil Code. In the draft of the NCC, a proposal
was made by the Code Commission. The proposal was
1. FIXED LEGITIME – amount legitime of a fixed to eliminate from the law on succession all kinds of
value which may not change even in the reservas, all kinds of reverciones. However, the
presence of concurring heirs. Congress decided to retain reserva troncal. Hence the
2. VARIABLE LEGITIME – value which changes presence of reserva troncal in the law of succession is
depending upon the presence of concurring due to Congress not the Code Commission.
heirs.
PURPOSE OF RESERVA TRONCAL:
“To keep the property in the family to which the
Q: When it comes to the legitime of the illegitimate property belongs”
children, do we follow the rules on Article 877 of the New
Civil Code? Properties which are to be kept within the trunk
where they come from. To prevent certain properties
A: No, because there is no more distinction in from passing from one trunk to the other trunk.
illegitimate children…
PARTIES TO A RESERVA TRONCAL:
A compulsory heir who violated a condition imposed by
the testatrix has an effect of losing the right to his legacy 1. ORIGIN (ascendants or brother or sister from
or devise not the inheritance. But his legitimes would not whom the property came)
be affected because legitimes can never be burdened by 2. PROPOSITUS (descendant who acquired the
any condition, term or substitution, as an express property gratuitously)
provision by law. The prohibition by the testatrix will 3. RESERVOR or RESERVISTA (ascendant who
apply only to the free portion. Only the free portion may in turn acquired the property from the
be subject to conditions, term or substitution but never descendant by operation of law)
the legitime. 4. RESERVEE or RESERVATARIO (the relatives
within the third degree of consanguinity from the
FREE PORTION only comes into existence after propositus)
deduction of the legitimes of the compulsory heirs, i.e.
the legitimate children, surviving spouse, and illegitimate The property which came from the origin to the
children. propositus does not make the property reservable.
It is what remains after the deduction of the legitimes of The property becomes reservable when it falls into the
the compulsory heirs. Legitime of the legitimate children hands of the reservor from the propositus. From the
must be first given. After taking out the legitimes of the origin to the propositus, the mode of transmission is BY
legitimate children, what remains is not the absolute free GRATUITOUS TITLE. From the propositus to the
portion. Because from what remains, the legitime of the reservoir, the mode of transmission is BY OPERATION
surviving spouse and of the illegitimate children must be OF LAW.
given.
2 ways of acquiring a property by gratuitous title:
When will the legitime be reduced? Suppose what
remains is not enough to cover the legitime of the 1. By donation
surviving spouse and of the illegitimate children, the 2. By succession
legitime of the surviving spouse must be first taken out. It It is essential that the propositus die without issue which
is only then that the legitime of the illegitimate child will means that he must die without any children, so that the
be taken out. The legitime of the surviving spouse can property must go up. Otherwise, the property will go
never be reduced. Should there be a need for a down and hence there would be no reserva troncal to
reduction, it should be from the legitime of the talk of.
illegitimate children.
RESERVA TRONCAL vs FIDEICOMMISSARY
ABSOLUTE FREE PORTION – it is the remaining SUBSTITUTION
portion after deducting the legitimes of the legitimate
children, suriving spouse and the illegitimate children. It Q: Does the reservor holds in the same way as the
is the portion from which the testator could give legacies fideicommissary heir the inheritance?
or devises.
A: NO. In reserva troncal, the RESERVOR acquires
RESERVA TRONCAL the property in the concept of an owner because he
can dispose of the property. However, it does not
extinguish the reserva troncal. If there is an
annotation of the reservable nature of the property, it
serves as a notice to the reserve. Suppose there is
no annotation, the reserve troncal would not be
extinguished instead, the reservor will be liable out
of his own properties to the extent of the value of the
property covered by reserva troncal.
In fideicommissary substitution, the FIDUCIARY
HEIR does not acquire ownership of the property but
what he acquires is only the right to use and enjoy
the property. Beyond that, he does not have the
power to dispose or alienate.
In order for reserva troncal to exist, the law requires
the parties to be legitimate relatives which means
that they should be related legitimately to the
propositus. The relationship required by law is
within the 3rd degree of consanguinity.
The law requires that a person be related to the
propositus within the 3rd degree of consanguinity
and not by affinity to be qualified as reservee. The
law requires for a DOUBLE DEGREE OF
RELATIONSHIP. The reservee must be related not
only to the propositus but also to the origin where
the property came from. Legitimate relationship
does not mean that each party must be related to
each other. It means that the parties must be related
to the propositus legitimately. The focal point is the
propositus. (Alcala case)
DECEMBER 5, 2017 legitimes of illegitimate children and can even be
consumed.
ART. 886 – LEGITIME is that portion of the testator’s
property which he cannot dispose of because the law Q: What are variable legitimes?
has reserved it for certain heirs called compulsory heirs.
A: Variable legitimes are those amount of legitimes
On the basis of that definition, only compulsory heirs are which changes or varies depending with what
given legitimes because of the express provision compulsory heirs concur, such as the legitimes of the
provided under the Civil Code that it is only for the surviving spouse, the illegitimate children and the
benefit of compulsory heirs. parents of the illegitimate child because the fractional
amount thereof depends with what compulsory heirs the
PROHIBITION IMPOSED BY LAW ON THE NON- surviving spouse, the illegitimate children and the
DISPOSITION OF THE SO-CALLED LEGITIME parents of the illegitimate child concur.
The prohibition applies to gratuitous dispositions. The Q: If the legitime of the surviving spouse cannot be
owner can dispose of it by onerous title because in such reduced, can it be taken away? How?
a case, the alienated property is substituted by an
equivalent. However, his power to disposal by gratuitous A: Yes, although the legitime of the surviving spouse
title, whether inter vivos or mortis causa, is limited may not be reduced, it can be taken away by way of a
because the owner gets nothing in exchange for what he valid disinheritance.
disposes of.
Q: How is disinheritance done? Can there be
Testator can freely dispose of his property provided there
disinheritance by partial reduction of the legitime of
are no compulsory heirs. But if he has compulsory heirs,
compulsory heir?
the testator is limited by the system of legitimes.
GRATUITOUS DISPOSOTION MAY TAKE PLACE IN 2 A: Yes, because disinheritance must be total, meaning
WAYS: that the deprivation must be entire not partial.

1. By donation Q: Who can be disinherited?


2. By succession
A: Only the compulsory heir. (Art. 887) Only those given
Only compulsory heirs are given legitimes. However, legitime can be disinherited because disinheritance is
legitimes of compulsory heirs are not the same because the act of depriving the compulsory heir of his legitime.
legitime is classified into two FIXED or VARIABLE. Only compulsory heir can be disinherited because only
compulsory heirs have legitimes.
1. FIXED LEGITIME – if the amount, that is the
fractional part, does not vary or change Q: Who are the parties to a reserve troncal?
regardless of whether there are concurring
compulsory heirs or not. A: The parties to a reserve troncal are:
2. VARIABLE LEGITIME – if the amount changes
or varies in accordance with what compulsory 1. The ORIGIN of the property who may either be
heirs concur. ascendant, or brother or sister of the propositus;
2. The PROPOSITUS, who receives the property
Q: Does the law allow reduction of legitimes? from an ascendant or brother or sister by
A: Yes. The law allows reduction of the legitime of gratuitous title.
illegitimate children but not at the pleasure of the 3. The RESERVOR, who acquires or receives the
testator. If the free portion is not sufficient to cover the property by operation of law from the propositus;
legitime of the surviving spouse and the illegitimate and
children, then that of the surviving spouse must first be 4. The RESERVEES, who are the relatives of the
satisfied and the legitime of the illegitimate children may origin and the propositus within the third degree
be reduced because the legitime of the surviving spouse of consanguinity. This is also called the
can never be reduced. DOUBLE or DUAL DEGREE OF
RELATIONSHIP.
Q: If after reducing the legitime of the illegitimate
children, still it is not enough, can there still be further The point of reference is the PROPOSITUS. Hence, the
reduction? ascendant, or brother or sister, who is the origin of the
A: YES, but only to the extent of the legitime of property, must be a legitimate ascendant or brother or
illegitimate children, until they are consumed. If nothing sister of the PROPOSITUS; the ascendant reservoir
is left after reducing the legitime of the illegitimate must be a legitimate ascendant of the PROPOSITUS;
children, no further reduction is allowed by law to be the reserves must be legitimate relatives within the third
made because the legitime of the surviving spouse can degree of the PROPOSITUS.
never be reduced. Reduction applies only to the
SIMILARITY BETWEEN A FIDUCIARY HEIR AND 1. To the annotation of the reservable
RESERVOR character;
2. To demand the making of an inventory and
In the case of fideicommissary substitution, the fiduciary the giving of a security;
heir holds the property in the concept of a usufructuary 3. To alienate the right to the reservable
because as the first heir, he is called upon to preserve property. [EDROSO vs. SABLAN]; [SIENES
and to deliver the inheritance to the fideicommissary vs. ESPARCIA])
heir. It is like holding something in trust for another.
The Court held in Edroso vs Sablan that the reservees
In reserva troncal, the same thing does not happen even during the life of the reservor have a mere expectancy
though the property is held for the benefit of another, so they cannot in any way alienate. However, said ruling
called the reservees. The reservor holds the property for has been abandoned when the Supreme Court, in the
the benefit of the reservee but not for the same as that of case of Sienes vs Esparcia, ruled that the alienation of
fideicommissary substitution. the reservable property by the reservees during the
lifetime of the reservor is VALID but effective only on the
In fideicommissary substitution, the law says, “to
death of the reservor, provided that the reservee who
preserve” the property for the benefit of the second heir.
sold must survive the reservor.
Such words “to preserve” do not exist in reserva troncal,
which means the reservor acquires the property as Q: Within what time should the annotation be made?
owner.
A: Under the Spanish Mortgage Law, the annotation
In the case of fideicommissary substitution, ownership is must be made within 90 days. But the law in force now is
not acquired by the fiduciary heir because the order of the Land Registration Act (Act 496). Under said law, the
the testator is only for him to preserve and to deliver said law does not fix for the making of the annotation. It can
property to the second heir. From the time the fiduciary be done anytime.
heir holds the property up to the time it is delivered to the
fideicommissary heir, the fiduciary heir is given the right Q: Suppose the reservee does not annotate the
to use and enjoy the property. What he acquires is reservable character of the property on the title covering
merely the right to use but he does not acquire said property, and the property is disposed of by the
ownership of the property. There is nothing in the law of reservor, what will be the right of the person to whom the
fideicommissary substitution which says that ownership disposition has been made?
passes to the first heir. As a matter of fact, on the
A: The right of the person to whom the disposition has
contrary, the mandate of the testator is for the fiduciary
been made or simply called the buyer must be qualified.
heir to hold or possess and preserve it for the benefit of
the second heir. If the buyer has knowledge of the reservable character
of the property, he is considered as a buyer in bad faith
In the case of reserva troncal, the reservor acquires the
even though there is no annotation that has been made
property in the concept of an owner. He holds it as an
regarding its reservable character.
owner of the property during his lifetime.
If the buyer has no knowledge of the reservable
Q: For how long may a fiduciary heir hold the property?
character of the property, he is considered as a buyer in
A: It depends upon the instructions of the testator good faith provided there is no annotation that has been
because the testator can fix the period of delivery of the made regarding its reservable character.
property to fideicommissary heir. It is only when the
Q: Who has a preferred right over the property, the
testator does not fix the period that the fiduciary heir can
buyer in good faith or the reservee?
hold the property during his lifetime. This does not apply
in reserva troncal. The law does not fix the period for A: The buyer in good faith has a preferred right over the
there is no need because the reservor acquires the property. However, the reservee can go after the
property as owner. reservor for the value of the property which will have to
be taken from the assets of the reservor.
Q: In reserva troncal, what must the reservees do to
protect their interest in the reservable property? Q: During the lifetime of the reservor, he holds the
property in the concept of owner. As owner of the
A: The reservees have the right to annotate the
property, does he have the right to dispose of said
reservable character of the property at the back of the
property?
title of the property.
A: Yes, because he is the owner.
(RIGHTS OF RESERVEES DURING THE LIFETIME OF
RESERVOR: Q: Can that property be used as a payment for the
obligation of the reservor?
A: It depends. If the property was used as a payment for DECEMBER 6, 2017
the obligation of the reservor during his lifetime, he is the
owner of the reserva. But upon the death of the reservor,
the obligation to reserve ceases. The property that is
subject to the reserva now reverts to the reservees and
does not form part of the estate of the reservor.

Q: What should be the proceedings, so that the property


may now pass to the reservees?

A: None, because it passes automatically.

Q: Can the reservees waives their right over the


property?

A: Yes.

Q: Is there no law that requires the reservees to receive


the reserva?

A: Yes because the reservee can renounce his right over


the property. However, the property can still pass to
other reservees who did not make any waiver of the
same right.

Q: Suppose there are 3 reservees, one waived his right,


to whom will the property go?

A: To the remaining reservees. However, the


PROXIMITY RULE must be applied. It means that the
nearest excludes the farthest. In case there are
reservees who are not in the same degree within the 3 rd
degree of consanguinity, then proximity rule applies.

Q: Can the reservee dispose of their inchoate right over


the reservable property during the lifetime of the
reservor?

A: EDROSO vs. SABLAN; SIENES vs. ESPARCIA

The Court held in Edroso vs Sablan that the reservees


during the life of the reservor have a mere expectancy
so they cannot in any way alienate. Hence, there is
nothing to dispose of. One cannot dispose of something
that he or she does not have.

However, said ruling has been abandoned when the


Supreme Court, in the case of Sienes vs Esparcia, ruled
that the alienation of the reservable property by the
reservees during the lifetime of the reservor is VALID but
effective only on the death of the reservor, provided that
the reservee who sold must survive the reservor.

What is the status of the disposition of the reservable


property made by the reservee during the lifetime of the
reservor?

If the disposition is made during the lifetime of the


reservor, then it cannot be valid because there is nothing
to dispose of. But if it is made after the death of the
reservor, then it is valid.