Chua v.

CFI

Facts:Jose
Frias Chua had 2 marriages. First with Patricia, he had 3 children- Ignacio, Manuel and Lorenzo. When
Patriciadied, he married Consolacion de la Torre and had one child- Juanito Frias Chua. Jose Frias Chua died
intestate.After the intestate proceeding the court adjudicated half of lot in question to Consolacion and the other
half totheir only son, Juanito. The two sons in the first marriage, Lorenzo and Ignacio, received P3k and
P1550respectively. (Manuel already died).
Juanito also died intestate without issue. Consolacion de la Torre executed a declaration of heirship adjudicating
inher favor the pro-indiviso share of her son Juanito in the lot in question. When dela Torre died, Ignacio and
theheirs of Lorenzo filed a complaint praying that the one-half portion of the Lot be declared as a reservable
propertyfor the reason that the lot in question was subject to reserval troncal pursuant to Article 981 NCC
Lower court dismissed complaint.Issue: WON property in question was acquired by Juanito Frias Chua from
his father Jose Frias Chua gratuitously?
(as first requisite of Reserva Troncal).
Held: Yes
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 sisterby gratuitous
title; (2) that said descendant died without an issue; (3) that the property is inherited byanother ascendant by
operation of law; and (4) that there are relatives within the third degree belongingto 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 thesecond
marriage died intestate in 1952; he died withour leaving any issue; his pro-indiviso of 1/2 share of Lot No. 399
was acquired by his mother, Consolacion de la Torre died, Juannnito Frias Chua who diedintestate had relatives
within the third degree. These relatives are Ignacio Frias Chua and DominadorChua and Remidios Chua, the
suppose legitimate children of the deceased Lorenzo Frias Chua, who arethe petitioners herein

According to Manresa, "The transmission is gratuitous or by gratuitous title when the recipient does notgive
anything in return." It matters not whether the property transmitted be or be not subject to any priorcharges; 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 personreceiving the property gives or
does nothing in return.

"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.

As long as the transmission of the property to the heirs is free from any condition imposed by the deceased himself
and the property is given out of pure generosity, it is gratuitous
 Edroso v. Sablan
G.R. No. 6878, September 13, 1913

FACTS:

Marcelina Edroso was married to Victoriano Sablan until his death on September 22, 1882. In this
marriage they had a son named Pedro who at his fathers death inherited the two said parcels. Pedro
also died on July 15, 1902, unmarried and without issue and by this decease the two parcels of
land passedthrough inheritance to his mother, Marcelina Edroso. Hence the hereditary title whereupon
is based the application for registration of her ownership.

Two legitimate brothers of VictorianoSablan that is, two uncles german of Pedro Sablan
appeared in the case to oppose the registration, claiming one of two things: Either that the
registration be denied, or that if granted to her the right reserved by law to the opponents be recorded
in the registration of each parcel.

The Court of Land Registration denied the registration.

Registration was denied because the trial court held that the parcels of land in question partake of the
nature of property required by law to be reserved and that in such a case application could only be
presented jointly in the names of the mother and the said two uncles of Pedro Sablan.

ISSUE:

Whether or not the Court of Land Registration erred in denying the registration of the reservable
properties by reservista, Edroso.

RULING:

YES. The Court held that applicant is entitled to register in her own name the two parcels of land which
are the subject matter of the applicants, recording in the registration the right required by the law to be
reserved to either or both of the opponents, Pablo Sablan and Basilio Sablan, should they survive her.

The reservista has all the rights inherent in ownership, he can use, enjoy, dispose of and recover it; and
if, in addition to usufructuary, he is in fact and in law the real owner and can alienate it, although under
a condition.

The ascendants who inherits from descendants, whether by the latters wish or by operation of law,
requires the inheritance by virtue of a title perfectly transferring absolute ownership. All the attributes
of the right of ownership belong to him exclusively use, enjoyment, disposal and recovery.

During the whole period between the constitution in legal form of the right required by law to be
reserved and the extinction thereof, the relatives within the third degree, after the right that in their
turn may pertain to them has been assured, have only an expectation, and therefore they do not even
have the capacity to transmit that expectation to their heirs.
EDROSO VS. SABLAN (1913)
Marcelina Edroso, petitioner-appellant,
vs.
Pablo and Basilio Sablan, opponents-appellees
DOCTRINE: A reservor's right to the reservable property is not just usufructuary in nature. The reservor, having
inherited the reservable property from the prepositus, acquires ownership thereof, subject to a resolutory condition.
Thus, a reservor has a registrable title to the property, and may institute land registration proceedings in the
appropriate case.

It must be noted, however, that during the registration proceedings, the reservees should intervene solely for
the purpose of ensuring that the reservable nature of the property is properly inscribed in the title. Otherwise, a clean
title issued pursuant to a decree of registration, may in the proper case extinguish the reserva.

Mariano Ma. Rita

Victoriano Marcelina

Pedro

FACTS: Spouses Marcelina Edroso and Victoriano Sablan had a son named, Pedro who inherited
two parcels of land upon the death of his father.
1. Subsequently, Pedro died,unmarried and without issue, the two parcels of land passed through inheritance
toh i s m o t h e r . H e n c e t h e h e r e d i t a r y t i t l e w h e r e u p o n i s b a s e d t h e a p p l i c a t i o n f o r
registration of her ownership.
2. The two uncles of Pedro, Pablo and Basilio Sablan (legitimate brothers of Victoriano) opposed
the registration claiming that either the registration be denied or if granted to her, the right
reserved by law to them be recorded in the registration of each parcel.
3. The Court of Land Registration denied the registration holding that the land in question partake of
the nature of property required by law to be reserved and that in such a case application could
only be presented jointly in the names of the mother and the said two uncles. Hence, this
appeal.

ISSUE: W h e t h e r o r n o t t h e p r o p e r t y i n q u e s t i o n i s i n t h e n a t u r e o f a r e s e r v a b l e property.

HELD:

A very definite conclusion of law is that the hereditary title is one without a valuable consideration (gratuitous title),
and it is so characterized in article 968 of the Civil Code, for he who acquires by inheritance gives nothing in return
for what he receives; and a very definite conclusion of law also is that the uncles are within the third degree of blood
relationship.

Marcelina Edroso, ascendant of Pedro Sablan, inherited from him these two parcels of land which he had acquired
without a valuable consideration - that is, by inheritance from another ascendant, his father Victoriano. Having
acquired them by operation of law, she is obligated to reserve them intact for the claimants, who are uncles or relatives
within the third degree and belong to the line of Mariano Sablan and Maria Rita Fernandez, whence the lands
proceeded. The trial court's ruling that they partake of the nature of property required by law to be reserved is therefore
in accordance with the law.

The person required by article 811 to reserve the right, has, beyond any doubt at all, the rights of use and usufruct.
He has, moreover, for the reasons set forth, the legal title and dominion, although under a condition subsequent.
Clearly, he has, under an express provision of the law, the right to dispose of the property reserved, and to dispose of
is to alienate, although under a condition. He has the right to recover it, because he is the one who possesses or should
possess it and have title to it, although a limited and recoverable one. In a word, the legal title and dominion, even
though under a condition reside in him while he lives. After the right required by law to be reserved has been assured,
he can do anything that a genuine owner can do.

On the other hadnt, the relatives within the third degree in whose favor of the rightis reserved cannot dispose of
the property, first because it is no way, either actuallyor constructively or formally, in their possession; and
moreover, because they haveno title of ownership or of the fee simple which they can transmit to another, on
thehypothesis that only when the person who must reserve the right should die beforethem will they acquire it.

The SC reverse the judgment appealed from, and in lieu thereof decide and declare that the applicant is entitled to
register in her own name the two parcels of land which are the subject matter of the application, recording in the
registration the right required by article 811 to be reserved to either or both of the opponents, Pablo Sablan and Basilio
Sablan, should they survive her.