DIONISIA PADURA, ET AL. VERSUS MELANIA BALDOVINO, ET AL.

DIONISIA PADURA, ET AL. VERSUS MELANIA BALDOVINO, ET AL.

104 PHIL 1065

FACTS: Agustin Padura died on April 26, 1908 leaving a last will and testament wherein he bequeathed his properties among his children, Manuel (child on his first wife), Candelaria and Fortunato (children on his second wife), and his surviving spouse, Benita Garing. Fortunate was adjudicated four parcels of land. Fortunato died unmarried without having executed a will; and not having any issue, the said parcels of land were inherited exclusively by her mother.

On August 26, 1934, Candelaria died leaving as her only heirs, her four legitimate children, Cristeta, Melania, Anicia and Pablo, all surnamed Baldovino. Years later Manuel Padura also died. Surviving him are his legitimate children, Dionisia, Felisa, Flora, Gornelio, Francisco, Juana, and Severino, all surnamed Padura. Upon the death of Benita Garing (the reservista), the question on the distribution of the said parcels became a dispute between the nephews and nieces of Fortunato by half-blood (Paduras) and the nephew and nieces by full-blood (Baldovinos).

ISSUE: How should the four parcels of land be divided among the nephews and nieces of Fortunato?

RULING: Proximity of degree and right of representation are basic principles of ordinary intestate succession; so is the rule that whole blood brothers and nephews are entitled to a share double that of brothers and nephews of half-blood.

In other words, the reserva troncal merely determines the group of relatives (reservatarios) to whom the property should be returned; but within that group, the individual right to the property should be decided by the applicable rules of ordinary intestate succession, since Art. 891 does not specify otherwise.

The reservatarios who are nephews of the whole blood are declared entitled to a share twice as large as that of the nephews of the half-blood.