Reserva Troncal

Question 1

What is Reserva Troncal?

Answer 1

It may be defined as the reservation,
by virtue of which an ascendant who inherits from his descendant any property which the latter may have acquired by gratuitous title from another ascendant or a brother or a sister,
is obliged to reserve such property as he may have acquired by operation of law for the benefit of relatives who are within the third degree and who belong to the line from which the said property came.

Question 2

What is the purpose of Reserva Troncal?

Answer 2

To return property, which by accident will go to another family. Hence, it’s purpose is to return the property to the family where it originally came from

Question 3

What are the requisites of Reserva Troncal?

When is there a Reserva Troncal?

Answer 3

1. The property should have been acquired by operation of law by an ascendant from his descendant upon the death of the latter.
2. The property should have been previously acquired by gratuitous title by the descendant from another ascendant or from a brother or a sister.
3. The descendant should have died without any legitime issue in the direct descending line, who could inherit from him.

Question 4

1. A donated a parcel of land to I. I, a bachelor, died
   intestate. The land was inherited by G.

In the illustration, if not for Article 891, who will inherit
upon G’s death?

2. In the preceding problem, why from the propositus?
3. In the preceding problem, who are relatives by blood,
   within the third (3rd) degree?
4. Are all aforementioned qualified to be reservatios?
5. Who are qualified to be reservatios?
6. What about B? Why?
7. A and E qualify as reservations. Who between them is entitled to the land?
8. What about if the property donated by A to I, was in fact previously donated by D to A? Will there be a Reserva Troncal?
9. In the preceding problem, who is entitled to the land?
10. Is I a mere usufructuary?
11. Is G (reservista) a mere usufructuary?
12. Is G a mere trustee?
13. May the reservation sell the property at G’s lifetime?
14. If both G (reservista) and A (reservation) sold the land to different owners, who among the two (2) buyers has a better right?

Answer 4

1. By ordinary succession, C and D will inherit the property. If this happens, the parcel of land, which belongs to the family of A will forever be lost to the family of C and D.

Origin – (A) – the source of the property
Propositus – (I) – to whom the land was given
Reservista – (G) obliged to reserve
Reservatio – beneficiaries

2. It is from the propositus that reservations inherit/succeed.
   * There is only one reserve when property strays by operation of law to the reservista
3. A, B, E, C, D, and H.
4. No.
5. A and E.
   * A, who is the origin of the property, can qualify as
   reservation. There is no prohibition under the law.
6. He cannot be a reservation. In order to be reservatio, one must be (a) a relative of P (propositus in this case is I) and (b) must belong to the same line where the property came. In this case B, does not belong to the same line (A’s
   line) where the property came from. (Asawa lang si B.)

The purpose of the law is to return the property, which by accident will go to another family. In this case, if B qualifies as a reservation, and assuming that A died ahead of B, then it is possible that the property will go to B’s new family.

7.
Observing the rules of succession:
1. The rule of proximity
A – second (2nd) degree from I
E – third (3rd ) degree from I

2. Rule of preference
   Ascending/descending line is preferred over
   collateral relatives
   A, therefore, is entitled to the land
3. Yes. It is immaterial where A got the property. Besides, our inquiry ends with A
4. Still A.
5. No. He can even dispose the property.
6. He is the absolute owner subject to a resolutory condition.
7. No. G acquires the property subject to a resolutory condition, that there exist reservatios at the time of his (G’s) death.
8. Yes. But it is subject to a suspensive condition that such reservatios survive the reservista (G).
9. It depends on who is going to survive the other (G or A) If G survives A, then G’s buyer has a better right. Otherwise, A’s buyer has a better right over the land.

Question 5

Who are reservatario?

Answer 5

A relative within the third (3rd) degree from the

propositus.

Question 6

What about if I sold the land to Z for P5M. Two (2) days
after, I died. Hence, G
inherited the P5M. Will there be a reserva troncal with respect to the P5M?

Answer 6

No. There can be no substitution in reserva troncal. The property acquired by the propositus must be the same property acquired by the reservista.

Hence, there can be no reserva troncal because the land was substituted with money.

Question 7

Two (2) kinds of transfer in Reversa Troncal?

Answer 7

1. First (1st) transfer – from ascendants/ brother/
   sister to propositus by gratuitous title.
2. Second (2nd) transfer – from propositus to
   ascendant reservista by operation of law.

Question 8

When is the transfer gratuitous?

Answer 8

If the transfer is free or without monetary or other considerations (example: donation or succession testate or intestate).

Question 9

When is the transfer by operation of law?

Answer 9

If the transfer occurs by source of law or as mandated by law (example: intestate succession and testamentary succession with respect to the legitime).

Question 10

Why would the presence of descendants prevent reserva?

Answer 10

Where there are descendants, there is no way that the ascendant can inherit the property by operation of law.

Question 11

Can an origin be a reservista?

Answer 11

No. Article 891 provides that it must be another ascendant.

*The origin however, may be a reservatario. There is nothing in the law, which prohibits, the source from being a reservation.

To determine whether reserve troncal exists, look for the two (2) figures, either V or capital letter L. If you see either of these two (2) figures, chances are, there exist a reserve tronca.

Question 12

A donate a land to I, worth P5M. During I’s lifetime, he acquired properties from other sources worth P5M also. When I died, G inherited all the properties of I. Assuming that Reversa Troncal exist
1. How will you determine the property subject to the Reserva Troncal

2. What about if I died with a will?
3. Reserva Maxima
4. Reserva Minina

Answer 12

1. Since, I died without a will, we do not apply Reserva Maxima and Reserva Minima.

The whole land worth P5M is a reservable property. It is covered by reserva troncal because the entire estate passed by operation of law to G.

P5M – Land property donated by A to I
P5M – Properties of I from other sources.
_________________
P10M – G’s inheritance

2.
P5M – Land property donated by A to I
P5M – Properties of I from other sources.
\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_
P10M/2 – P5M

3. Reserva Maxima – so much as the reservable property of the entire land contained in the legitimate is subject to
   reserve troncal. Hence, under this rule, the entire land
   donated by A to I is subject to reserve.
4. Reserva Minina – all of the property of I passed to G partly by will and partly by operation of law.

One half (1/2) of land passed by will.
One half (1/2) of land passed by operation of law.
One half (1/2) of other properties passed by will.
One half (1/2) of other properties passed by will.

Hence, under the rule of reserva minima, only one half (1/2) of the land, donated by A to I is a reservable property.

*Reserva Maxima and Reserva Minima do not apply if the testator died without a will.

Question 13

In the preceding illustration, D donated a parcel of land to J. J died intestate. The entire inheritance, including the land donated by D to J was inherited by C, the mother of J.

1. Is there a reversa troncal?
2. What if it was E who donated the land to J? Will there be RT?
3. Assuming that E has already
   passed away, who are the reservatios?
4. Will they divide the property equally?
5. What if G died? What will
   happen to his share?
6. What about if K died also?
7. What about if all of the brothers and sisters of J (G, H, I, K and L) died?
8. What if M and V died, will S and W inherit by representation?

Answer 13

1. No. Because D is not an ascendant of J. Had D been a
   brother or sister, yes.
2. What if it was E who donated the land to J? Will there be RT?
   Yes. Because E is now an ascendant of J. All the requisites for reserve troncal are present.
3. Assuming that E has already
   passed away, who are the reservatios? G,H,I,K and L
4. Will they divide the property equally?
   No. In this case, we should apply the full blood/half blood rule. Brothers and sisters of the full blood will receive a double share as against the brothers and sisters of the half-blood.

Hence, the distribution is:
K = 2
L = 2
G = 1
H = 1
I = 1
\_\_\_\_\_\_\_\_\_\_\_
7

K = 2/7
L = 2/7
G = 1/7
H = 1/7
I = 1/7
\_\_\_\_\_\_\_\_\_\_\_
7/7

5. In the preceding problem, what if G died? What will happen to his share?
   The 1/7 share of G will go to M by right of representation.
6. What about if K died also?

The 2/7 share of K will go to T and U by right of representation.
*General Rule – There is no right of representation in the collateral lines

Exceptions: Nephews, nieces and only if, they survive or concur with at least one (1) uncle or aunt.

If the nephews and nieces do not survive their uncles or aunts, there is no right of representation. They inherit in their own right.

7. What about if all of the brothers and sisters of J (G, H, I, K and L) died?

M, N, O, P, Q, R, T, U and V will qualify as reservatios.
In this case, they inherit in their own right but, the full and half-blood rule will still apply.

Hence, the distribution is as follows:
M = 1
N = 1
O = 1
P = 1
Q = 1
R = 1
T = 2
U = 2
V = 2
\_\_\_\_\_\_\_\_\_\_\_
12

M = 1/12
N = 1/12
O = 1/12
P = 1/12
Q = 1/12
R = 1/12
T = 2.12
U = 2/12
V = 2/12
\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_
12/12

8. In the preceding problem, what if M and V died, will S and W inherit by representation?

No. S and W are not entitled to inherit because they are already grand nephews. They are relatives of J in the fourth (4th) degree.

*The right to represent Reversa Troncal applies only to those within the third (3rd) degree from the Propositus. If the Reservatios are half-blooded siblings, the degree shall be determined using the common parent, as a reference point.

Question 14

What are the obligations of the Reservista?

Answer 14

1. to make an inventory of all reservable property;
2. to appraise the value of all reservable movable
   property;
3. to annotate in the Registry of Property the
   reservable character of all reservable immovable
   property;
4. to secure by mortagage:
   a. the restitution of movable property not alienated
   b. the payment of damages caused or which may be cause by his fault or negligence
   c. the return of the price which he has received for movable property alienated, or the payment of its value at the time of its alienation, if such alienation was made by gratuitous title;
   d. the payment of the value of immovable property validly alienated

Question 15

What are the rights of Reservatios?

Answer 15

1. to ask for the inventory of all reservable
   property from the ascendants-reservista;
2. to ask for the appraisal of all reservable movable
   property;
3. to ask for the annotation in the Registry of
   Property of all the reservable character of all
   reservable immovable property;
4. the constitution of necessary mortagage.

Question 16

Can a Reservatio alienate his expectation to the property during the pendency or lifetime of the Reserva?

Answer 16

In Sienes vs Esparia, 1 SCRA 750, the Supreme Court ruled that a reservation may dispose of his expectancy to the reservable property during the pendency of the Reserva in its uncertain and conditional form. If the reservation dies before the reservista, the former has not transmitted any
thing, but if he survives the reservista, the transmission
shall become effective.

Question 17

What is the nature of the right of the Reservatio over the reservable property?

Answer 17

It is a mere hope or expectancy.

Question 18

When does the expectancy of the Reservatio over the reservable property become perfected?

Answer 18

The reservatio’s mere hope or expectancy over the reservable property is finally converted into a perfect right upon the concurrence of the following requisites:

1. upon the death of the reservista
2. survival of the reservation.

Question 19

What are the causes for the extinguishment of the

reserve?

Answer 19

1. death of the ascendant-reservista;
2. death of all the relatives of the descendantpropositus within the third (3rd) degree, who belong to the line from which the property came. In such case, the active subject of the reserve disappears, as a consequence of which the resolutory condition which limits the title of the reservista also disappears;
3. loss of the reservable property for causes not due to the fault or negligence of the reservista;
4. waiver or renounciation by the reservatios;
5. prescription of the right of the reservatios, when the ascendant-reservista holds the property adversely against them in the concept of an absolute owner.