EDROSO v.

SABLAN
September 13, 1913 | Arellano, C.J. | Reserva Troncal > Nature of | Ampil

PETITIONER: Marcelina Edroso

RESPONDENTS: Pablo Sablan and Basilio Sablan

SUMMARY: Marcelina Edroso and Victoriano Sablan had a son, Pedro, who inherited two parcels of land
from his father upon the latter’s death. When Pedro died, Marcelina applied for the registration and
issuance of title for the parcels of land. Pablo and Basilio Sablan, Victoriano’s legitimate brothers,
opposed the registration, arguing that either the same be denied or the right reserved by law to the
opponents be recorded in the registration of each parcel. The Court held that since the land was
acquired without a valuable consideration, and since Pablo and Basilio are Pedro’s relatives within the
third degree, the subject parcels of land are subject to reservation.

DOCTRINE: See Ratio No. 2

FACTS:
1. Marcelina Edroso was married to Victoriano Sablan until his death on September 21, 1882. They had a
son named Pedro, who at his father’s death inherited two parcels of land in Pagsanjan, Laguna.

2. Pedro also died on July 15, 1902, unmarried and without leaving any children, and the two parcels of
land thus passed through inheritance to Marcelina. Marcelina applied for registration and issuance of
title for the two properties.

3. Pablo and Basilio Sablan, Victoriano’s legitimate brothers, opposed the registration claiming that
either the same be denied or “if granted to [Marcelina] the right reserved by law to the opponents be
recorded in the registration of each parcel.”

4. The Court of Land Registration denied the registration. The trial court held that the parcels of land
partake of the nature of property required by law to be reserved, and that in such a case, the application
could only be presented jointly in the names of the mother and the two aforementioned uncles of Pedro
Sablan.

5. The facts also establish that Victoriano had in turn acquired the parcels of land by inheritance from his
ascendants, Mariano Sablan and Maria Rita Fernandez, the same having been adjudicated to him in the
partition of hereditary property had between him and his brothers.

ISSUE, RATIO & HELD:

(TOPIC) WON the subject parcels of land are required by law to be reserved – YES
1. Two definite conclusions of law are: (a) the hereditary title to the subject parcels is one without a
valuable consideration (gratuitous title); and (b) Pablo and Basilio are within the third degree of blood
relationship within the contemplation of Article 891 of the New Civil Code.

2. Marcelina, Pedro’s ascendant, inherited the two properties which had been acquired without a
valuable consideration, in particular by inheritance from another ascendant, Victoriano. Having acquired
them by operation of law, she is obliged to reserve them intact for Pablo and Basilio, who are uncles or
relatives within the third degree.
RULE: Article 891, Civil Code

DISPOSITION: The judgment appealed from is reversed. The right of reservation to either or both Pablo
Sablan and Basilio Sablan shall be recorded in the registration.