Esteban and Martha had four (4) children: Rolando, Jun, Mark, and Hector. Rolando had a daughter, Edith, while Mark had a son, Philip. After the death of Esteban and Martha, their three (3) parcels of land were adjudicated to Jun. After the death of Jun, the properties passed to his surviving spouse Anita, and son Cesar. When Anita died, her share went to her son Cesar. Ten (10) years after, Cesar died intestate without any issue. Peachy, Anita’s sister, adjudicated to herself the properties as the only surviving heir of Anita and Cesar. Edith and Philip would like to recover the properties claiming that they should have been reserved by Peachy in their behalf and must now revert back to them.
Is the contention of Edith and Philip valid? (4%)
Suggested answer only. Not an official answer and not legal advice.
No, the contention of Edith and Philip is not valid because the properties are not subject to reserva troncal. Under Article 891 of the Civil Code, reserva troncal requires that an ascendant inherit by operation of law
Unlock the full Civil Law answers365 days of full access. GCash, Maya and card accepted.
This is not an official scoring system and carries no weight with the Supreme Court or any bar review provider. It measures how much of the suggested answer's wording your response covers, not whether your reasoning is correct. For practice only.
Quick check
Under Article 891 of the Civil Code, who among the following is legally capable of being a reservista in reserva troncal?
Only an ascendant of the prepositus who inherits by operation of law can be a reservista.
Why did no reserva troncal arise when Peachy inherited the properties upon Cesar's death?
No reserva troncal arose because Peachy is an aunt and collateral relative rather than an ascendant of the prepositus.
What degree of relationship must reservatarios have relative to the prepositus under Article 891 of the Civil Code?
Reservatarios must be relatives within the third degree belonging to the line from which the property came.
How must the prepositus acquire the property from an ascendant or sibling for reserva troncal to potentially apply?
Choices available with full access.
What is the legal status of property inherited by a collateral relative from a deceased nephew who died intestate without issue?
Choices available with full access.
Learn more about these topics
1. Reserva Troncal Concept
Under Article 891 of the Civil Code, reserva troncal is a special reserve created by law to preserve property within a family line. It requires that an ascendant inherit by operation of law property which a descendant acquired by gratuitous title from another ascendant or a brother or sister. The law obliges the inheriting ascendant to reserve such property for the benefit of relatives who are within the third degree and who belong to the line from which said property came.
2. Reservista Qualifications
For reserva troncal to exist, the person obliged to reserve, known as the reservista, must strictly be an ascendant of the deceased descendant or prepositus. If the property is inherited by a collateral relative, such as an aunt or uncle, rather than an ascendant, no obligation to reserve arises under Article 891. A collateral relative who succeeds to the estate takes full absolute ownership of the property free from any reservable encumbrance or statutory obligation to revert title to the line of origin.
3. Reservatarios Rights
Reservatarios are relatives within the third degree belonging to the line from which the property came who survive the prepositus. However, their contingent right to inherit reserved property depends entirely on the prior existence of a valid reserva troncal. Where the property was not inherited by an ascendant reservista, no reserve is created, and alleged reservatarios acquire no legal standing or right to demand reconveyance or reservation of the property from collateral heirs.