156. G.R. No.

L-29901 August 31, 1977

IGNACIO FRIAS CHUA, DOMINADOR CHUA and REMEDIOS CHUA,

petitioners, vs. THE COURT OF FIRST INSTANCE OF NEGROS
OCCIDENTAL, BRANCH V and SUSANA DE LA TORRE, in her capacity as
Administratrix of the Intestate Estate of Consolacion de la Torre, respondents.

FACTS:

petitioners herein filed a complaint a quo against the proceeding for the intestate Estate
of Consolacion de la Torre, praying that the one half portion of Lot No. 399 formerly
owned by their father which only passed to Consolacion upon the former's death
declared as s a reservable property for the reason that the lot in question was subject to
reservaltroncal pursuant to Article 981 of the New Civil Code. CFI, rendered a decision
dismissing the complaint. Hence, this petition.

ISSUE: Whether the property in question was acquired by Juanito Frias Chua from
their father Jose Frias Chua gratuitously?

HELD: YES. The court grants the petition. 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 asscendant 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. In this
case, all of the foregoing requisites are present. Juanito Frias Chua who died intestate
had relatives within the third degree. These relatives are the petitioners herein.

In contrary to the contention of the respondents that the property in question was not
acquired by Consolacionand Juanito gratuitously but for a consideration since they pay
the interest and cost which some of it in favor of Standard Oil Co. of New York. Hence,
not subject to a reservatroncal