G.R. No. 176422, March 20, 2013
MARIA MENDOZA, IN HER OWN CAPACITY AND AS
ATTORNEY-IN-FACT OF DEOGRACIAS, MARCELA, DIONISIA, ADORACION, ALL SURNAMED
MENDOZA, REMEDIOS MONTILLA, FELY BAUTISTA, JULIANA GUILALAS AND ELVIRA MENDOZA
VS. JULIA POLICARPIO DELOS SANTOS, SUBSTITUTED BY HER HEIRS, CARMEN P. DELOS
SANTOS, ROSA BUENAVENTURA, ZENAIDA P. DELOS SANTOS VDA. DE MATEO, LEONILA P.
DELOS SANTOS, ELVIRA P. DELOS SANTOS VDA. DE JOSE, TERESITA P. DELOS
SANTOS-CABUHAT, MERCEDITA P. DELOS SANTOS, LYDIA P. DELOS SANTOS VDA. DE
HILARIO, PERFECTO P. DELOS SANTOS, JR., AND CECILIA M. MENDOZA
FACTS: Petitioners are grandchildren of Placido Mendoza. Part of
Placido and Dominga’s properties is subsequently adjudicated to Exequiel, their
son. After Exequiel’s death, it passed on to his spouse Leonor and only
daughter, Gregoria. After Leonor’s death, her share went to Gregoria. The
latter died intestate and without issue. Petitioners claimed that after
Gregoria’s death, respondent, who is Leonor’s sister, adjudicated unto herself
all these properties as the sole surviving heir of Leonor and Gregoria. Hence,
petitioners claim that the properties should have been reserved by respondent
in their behalf and must now revert back to them, applying Article 891 of the
Civil Code on reserva troncal.
ISSUE: Whether the property should be subject to reserve troncal.
RULING: NO. Based on the circumstances of the present case,
Article 891 on reserva troncal is not applicable. Article 891 provides
that the person obliged to reserve the property should be an ascendant (also
known as the reservor/reservista) of the descendant/prepositus.
Julia, however, is not Gregoria’s ascendant; rather, she is Gregoria’s
collateral relative. Gregoria’s ascendants are her parents, Exequiel and
Leonor, her grandparents, great-grandparents and so on. Moreover,
petitioners cannot be considered reservees/reservatarios as they are not
relatives within the third degree of Gregoria from whom the properties
came. Petitioners are Gregoria’s fourth degree relatives, being her first
cousins. First cousins of the prepositus are fourth degree relatives
and are not reservees or reservatarios.
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