Reservatarios

DIONISIA PADURA, et. al. vs. MELANIA BALDOVINO, et. al. G.R. No. L-11960, December 27, 1958

FACTS: Agustin Padura contracted two marriages during his lifetime. With his first wife, he had one child, Manule Padura, and with his second wife Benita padura, he had two children, Fortunato and Candelaria. Agustin died in 1908, leaving all of his properties to Benita and the three children. Four parcels of land were adjuciated to Fortunato Padura. Fortunato Padura died without a will any without any issue, said parcels of land passed to his mother, Benita. In 1934, Candelaria also died, leaving as his only heirs four legitimate children, petitioners herein. Thereafter Manuel also died, leaving as his only heirs seven legitimate children, oppositors herein. In 1952, Benita Padura died. Then the nephews and nieces of Fortunato from his full sister Candelaria and half-brother Manuel were declared to be the rightful reservatarios. The instant petition is filed to have the reservable properties partitioned, such that 1/2 of the same be adjudicated to the children of Candelaria on the basis that they inherit by right of representation. The children of Manuel filed their opposition, maintaining that they should all be deemed as inheriting in their own right, and all inherit in equal shares.

ISSUE: Whether or not the properties be apportioned among the nephews of the whole blood and the nephews of the half-blood equally.

HELD: No. The purpose of the reserve is accomplished once the property has devolved to the specified relatives in the line of origin. But from this time on, there is no further occasion for its application. In the relations between one reservatario and another of the same degree, there is no call for applying Art. 891 any longer; wherefore, the respective shares of each reversionary property should be governed by the ordinary rules of intestate succession. Upon the death of the ascendant reservista, the reservable property should pass, not to all reservatarios as a class, but only to those nearest in degree to the descendant (propositus), excluding those reservatarios of more remote degree. 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. The reserva troncal merely determines the group of relatives to whom the property should be returned ; but within that group the individual right of the property should be decided by the ordinary rules of intestate succession, since Art. 891 does not specify otherwise.