2. Mrs.
Legarda executed an affidavit adjudicating to herself the
Gonzales v CFI| G.R. No. L-34395 | 05-23-1993 | Reserva Troncal |
Alexis A. Hiceta
NEAR EXCLUDES THE REMOTE
Beatriz Legarda Gonzales appealed from the decision of the Court of
First Instance of Manila, dismissing her complaint for partition,
accounting, reconveyance and damages and holding, as not subject
to reserve troncal, the properties which her mother Filomena Races
inherited in 1943 from Filomena Legarda
Briefer: Beatriz Gonzales, petitioner, filed a complaint for partition,
reconveyance of the properties left by her mother. She asked to exclude
in the inventory of the properties inherited by the 16 grandchildren on the
ground that the said properties were reserved for them, together with 5
remaining siblings (children of Mrs. Legarda-mother). The Supreme Court
ruled that the 16 grandchildren could not have received the properties
since those did not form part of Mrs. Legardas estate. The reservoir
cannot make a disposition of the reserved properties as long as there are
still reserves who survived the reservoir.
Doctrine: The case stresses that the reservable property does not form
part of the estate of the reservor, if upon his or her death he or she is
survived by qualified reservees. As such, the reservor cannot will or
bequeath the reservable property in his or her will, nor can the reservor
choose who or discriminate among the reservees should get the property.
The reservees inherit the reservable property not from the reservor,
but from the prepositus.
Facts:
1. Benito Legarda y dela Paz (Benito II), son of Benito Legarda y
Tuazon (Benito I), died and was survived by his widow, Filomena
and their 7 children. The real properties left by his deceased
father, Benito I, were partitioned in 3 equal parts by Benito IIs
sisters and his heirs pro-indiviso. One of his daughters, Filomena,
died without issue and her sole heiress was her mother, Filomena
vda de Legarda
1
properties she inherited from her daughter as a result of which
she succeeded her deceased owner as co-owner of the
properties held pro-indiviso by her other 6 children. Later, Mrs.
Legarda executed 2 handwritten documents disposing of the
properties which she inherited from her daughter in favor of her
16 grandchildren (the children of her sons). Eventually, Mrs.
Legarda and her 6 surviving children partitioned the co-owned
property
3. Mrs. Legarda died and in the testate proceeding of her estate,
Beatriz Gonzales, one of her daughters, filed a motion to
exclude in the inventory of the properties inherited from
Filomena, the deceased daughter, on the ground that said
properties were reservable and should be inherited by
Filomenas 3 sisters and 3 brothers, not by the 16
grandchildren of Mrs. Legarda, or Filomenas nephews and
nieces. She also filed an action securing a declaration that
the properties are reservable which Mrs. Legarda could not
bequeath in her holographic will to her grandchildren to the
exclusion of her 6 chidlren
4. It is contended here that the properties in question are not
reservable properties because only relatives within the third
paternal line have survived and that when Mrs. Legarda willed the
properties to her grandchildren, who are third degree relatives of
Filomena and who belong to the paternal line, the reason for the
reserva troncal has been satisfied: to prevent persons outside a
family from securing, by some special accident of life, property
that should otherwise have remained therein.
Issue: Whether or not the properties could be conveyed by will to the 16
grandchildren (reservees within the third degree) to the exclusion of the 6
children (reservees within the second degree)
Held: No. The Supreme Court held that Mrs. Legarda could not convey in
her holographic will to her 16 grandchildren the reservable properties she
inherited from her daughter because the reservable properties did not
form part of her estate. The reservoir cannot make a disposition mortis
causa of the reservable properties as long as the reservees survived the
reservoir.
Art 891 clearly indicates that the reservable properties should be
inherited by all the nearest within the third degree from prepositus
who in this case are the 6 children of Mrs. Legarda. She could not
select the reservees to whom to the reservable properties should be
given and deprive the other reservees of their shares therein. To allow
the reservoir to make a testamentary disposition of the reservable
properties in favor the reservees in the third degree and, consequently, to
ignore the reservees in the second degree would be a glaring violation of
Art 891, this cannot be allowed.

Mrs. Legarda could not dispose of the properties in question in her will
even if the disposition is in favor of relatives within the third degree from
Filomena. The said properties, by operation of Art 891, should go to Mrs.
Legardas 6 children as reservees within the second degree from
Filomena. Reservees do not inherit from the reservor but from the
prepositus, of whom the reservees are the heirs mortis causa subject to
the condition that they must survive the reservor.

The reservation could be extinguished only by the absence of reservees

at the time of Mrs. Legardas death. Since at the time of her death, there
were reservees belonging to the second and third degrees, the disputed
properties did not lose their reservable character. The disposition of the
properties should be made in accordance with Art 891 and in accordance
with the reservors holographic will.

Notes: Purpose of reserve troncal: To assure the return of the reservable

property to the line from which it originally came, and avoid its being
dissipated by the relatives of the inheriting ascendant (reservoir)

Parties:
1. Mediate Source- The ascendant or brother or sister from whom
the property was received by the descendant/prepositus by
lucarative or gratuitious title
2. Prepositus- any descendant/brother/sister who received the
property from the origin/mediate source
3. Reservor/Reservista- the other ascendant who obtained the
property from the prepositus by operation of law
4. Reservee/Reservatario- any person who is within the third degree
from the prepositus and who belongs to the line from which the
property came and for whom the property should be reserved for
by the reservoir/reservista