B.

Reserva Troncal
2. Ignacio Chua vs. CFI, G.R. No. L-299901, August 31, 1977
Facts:
1. Jose Frias Chua (Decedent) contracted two marriages. He had 3
children in the 1st marriage while he had 1 child in his 2nd marriage.
a. One of his children in his 1st marriage, Manuel, died without
issue. Juan died intestate.
2. Jose’s child in his second marriage (Juanito) died intestate without an
issue so his mother succeeded to his pro-indiviso share.
a. Then, the mother died intestate without an issue, except her
brothers and sisters.
3. The children and grandchildren (1st marriage) filed a complaint
praying that the one-half (1/2) portion of the lot which formerly
belonged to Juanito Frias but which passed to Consolacion de la Torre
upon the latter's death, be declared as a reservable property for the
reason that the lot in question was subject to reserval troncal
pursuant to Article 981 of the New Civil Code.
acquired by Juanito Frias Chua from his father Jose Frias Chua,
gratuitously or not. The transmission is gratuitous or by gratuitous
title when the recipient does not give anything in return." It matters
not whether the property transmitted be or be not subject to any
prior charges; what is essential is that the transmission be made
gratuitously, or by an act of mere liberality of the person making it,
without imposing any obligation on the part of the recipient; and that
the person receiving the property gives or does nothing in return; or,
as ably put by an eminent Filipino commentator, "the essential thing
is that the person who transmits it does so gratuitously, from pure
generosity, without requiring from the transferee any prestation."
It is evident from the record that the transmission of the property in
question to Juanito Frias Chua of the second marriage upon the death
of his father Jose Frias Chua was by means of a hereditary succession
and therefore gratuitous

Issue: W/N the property is reservable - YES

Ruling:
1. In order that a property may be impressed with a reservable
character the following requisites must exist, to wit: (1) that the
property was acquired by a descendant from an ascendant or from a
brother or sister by gratuitous title; (2) that said descendant died
without an issue; (3) that the property is inherited by another
ascendant by operation of law; and (4) that there are relatives within
the third degree belonging to the line from which said property came.
All of the foregoing requisites are present. Thus, as borne out by the
records, Juanoito Frias Chua of the second marriage died intestate in
1952; he died without leaving any issue; his pro-indiviso of 1/2 share
of Lot No. 399 was acquired by his mother, Consolacion de la Torre
died, Juanito Frias Chua who died intestate had relatives within the
third degree. These relatives are Ignacio Frias Chua and Dominador
Chua and Remidios Chua, the supposed legitimate children of the
deceased Lorenzo Frias Chua, who are the petitioners herein.
2. The crux of the problem in instant petition is focused on the first
requisit of reserva troncal — whether the property in question was
Classified - Internal use