The reservation by virtue of which an ascendant who inherits from his descendant any property which the latter may have acquired by gratuitous title from another ascendant or a brother or sister, is obliged to reserve such property for the benefit of relatives who are within the 3rd degree and who belong to the line from which such property came.
It constitutes as an exception to both the system of legitime and the order of intestate succession.
Purposes:
1. To reserve certain property in favor of certain persons;
2. To prevent persons outside a family from acquiring, by some chance or accident, property which otherwise would have remained with the said family;
3. To maintain a separation between paternal and maternal lines.
NOTE: Considering the rationale for reserva troncal which is to ultimately revert ownership of property that originally belongs to a line of relatives but which by force of law passes to a different line, the reserva would have no reason to arise where the ascendants who acquire the property themselves belong to the line of relatives from which the property was, in turn, acquired by the descendant.
Requisites:
1. The property should have been acquired by operation of law by an ascendant (reservista) from his descendant (propositus) upon the death of the latter.
2. The property should have been previously acquired by gratuitous title by the descendant (propositus) from another ascendant or from a brother or sister (originator).
3. The descendant (propositus) should have died without any legitimate issue in the direct descending line who could inherit from him.
Personal elements:
1. Originator – the ascendant, or brother or sister from whom the propositus had acquired the property by gratuitous title (e.g. donation, remission, testate or intestate succession);
2. Propositus – the descendant who died and from whose death the reservista in turn had acquired the property by operation of law (e.g. by way of legitime or intestate succession). The so-called “arbiter of the fate of the reserva troncal.”
3.Reservista – the ascendant, not belonging to the line from which the property came (Justice Vitug) that is the only compulsory heir and is obliged to reserve the property.
NOTE: Dr. Tolentino is of the view that even if the reservista and the originator belong to the same line, there is still an obligation to reserve.
4.Reservatarios – the relatives of the propositus within the 3rd degree and who belong to the line from which the property came and for whose benefit the reservation is constituted. They must be related by blood not only to the propositus but also to the originator.
NOTE: All personal elements must be joined by bonds of legitimate relationship.
NOTE: In determining the right of the reservatarios over the reservable property, there are 2 events to consider:
1. Death of propositus: all qualified reservatarios acquire an inchoate right. Reservista owns the property subject to a resolutory condition.
2. Death of reservista: surviving reservatarios acquire a perfect right.
NOTE: The NCC did not provide for the rules on how the reservatarios would succeed to the reservista.
However, the following rules on intestacy have been consistently applied:
a. Rule of preference between lines b. Rule of proximity
c. Right of representation (provided that the representative is a relative of the descendant- propositus within 3rd degree, and that he belongs to the line from which the reservable property came) d. “Full blood/double share” rule in Art. 1006
Property subject to reservation: must be the same property which the reservista had acquired by operation of law from propositus upon the death of the latter and which the latter, in turn had acquired by gratuitous title during his lifetime from another ascendant, brother/sister.
Obligations of Reservista:
(1) To make an inventory of all reservable property;
(2) To appraise value of all reservable movable property;
(3) To annotate in Registry of property the reservable character of all reservable immovable property;
(4) To secure by mortgage (a) restitution of movables not alienated, (b) payment of damages caused by his fault or negligence, (c) return of price received for movables alienated and (d) payment of value of immovable alienated.
A reservatorio may dispose of his expentancy to the reservable property during pendency of the reserve in its uncertain and conditional form. If he dies before the reservista, he has not transmitted anything, but if he survives such reservista, the transmission shall become effective.
A will may prevent the constitution of a reserva. In case of testate succession, only the legitime passes by operation of law. The propositus may, by will, opt to give the legitime of his ascendant without giving to the latter properties he had acquired by gratuitous title from another ascendant, or brother or sister.
In such case, a reserva troncal is avoided.
However, if the ascendant was not disentitled in the will to receive such properties, the reserva minima rule (proportional reserva) should be followed. The rule holds that all property passing to the reservista must be considered as passing partly by operation of law and partly by will of the propositus.
Thus, one half of the properties acquired by gratuitous title should be reservable, and the other half should be free.
Causes for Extinguishment of Reserva Troncal:
1. Death of reservatarios;
2. Death of all relatives of propositus within the 3rd degree who belong to the line from which the property came;
3. Loss of the reservable property for causes not due to the fault or negligence of the reservista.
4. Waiver or renunciation by the reservatarios;
5. Prescription of the right of the reservatarios, when the reservista holds the property adversely against them in the concept of an absolute owner;
6. Registration by the reservista of the property as free property under the Land Registration Act M. DISINHERITANCE (ART 915 – 923)
A testamentary disposition by which a person is deprived of, or excluded from, the inheritance to which he has a right.
A disinheritance properly effected totally excludes the disinherited heir from the inheritance. The disinherited heir is deprived not only of the legitime but also of such part of the free portion that would have passed to him by a previous will (which is revoked, as inconsistent with, the subsequent disinheritance) or by intestate succession.
Requisites:
1. Effected only through a valid will;
2. For a cause expressly stated by law;
3. Cause must be stated in the will itself;
4. Cause must be certain and true;
5. Unconditional;
6. Total; and
7. The heir disinherited must be designated in such a manner that there can be no doubt as to his identity.
Effects of Disinheritance:
1. Deprivation of the compulsory heir who is disinherited of any participation in the inheritance including the legitime.
2. The children/descendants of the person disinherited shall take his or her place and shall preserve the rights of compulsory heirs with respect to the legitime.
3. The disinherited parent shall not have the usufruct or administration of the property which constitutes the legitime.
IMPERFECT DISINHERITANCE
A disinheritance which does not have one or more of the essential requisites for its validity.
Effects:
1. If testator had made disposition of the entire estate: annulment of the testamentary dispositions only in so far as they prejudice the legitime of the person disinherited; does not affect the dispositions of the testator with respect to the free portion.
2. If testator did not dispose of the free portion: compulsory heir is given all that he is entitled to receive as if the disinheritance has not been made, without prejudice to lawful dispositions made by the testator in favor of others.
3. Devises, legacies and other testamentary dispositions shall be valid to such extent as will not impair the legitime.
PRETERITION DISINHERITANCE
1. deprivation of a compulsory heir of his legitime is tacit
1. deprivation of a compulsory heir of his legitime is express.
2. may be voluntary but the law
presumes that it is involuntary 2. always voluntary.
3. law presumes that there has been merely an oversight or mistake on the part of the testator.
3. done with a legal cause.
4. omitted heir gets not only his legitime but also his share in the free portion not disposed of by way of legacies/ devises.
4. if disinheritance is not lawful, compulsory heir is merely restored to his legitime.
Common Causes for Disinheritance of children or descendants, parents or ascendants, and spouse:
1. When the heir has been found guilty of an attempt against the life of the testator, his/her descendants or ascendants, and spouse in case of children and parents;
2. When the heir has accused the testator of a crime for which the law prescribes imprisonment for 6 years or more, if the accusation has been found groundless;
3. When the heir by fraud, violence, intimidation, or undue influence causes the testator to make a will or to change one already made;
4. Refusal without justifiable cause to support the testator who disinherits such heir.
Peculiar Causes for Disinheritance 1. Children/Descendants:
a. When the child/descendant has been convicted of adultery or concubinage with the spouse of the testator;
b. Maltreatment of the testator by word or deed by the child/descendant;
c. When the child/descendant leads a dishonorable or disgraceful life; Conviction of a crime which carries with it a penalty of civil interdiction.
2. Parents/Ascendants:
a. When the parents have abandoned their children or induced their daughters to live a corrupt or immoral life, or attempted against their virtue;
b. When the parent/ascendant has been convicted of adultery or concubinage with the spouse of the testator;
c. Loss of parental authority for causes specified in the Code; and
d. Attempt by one of the parents against the life of the other, unless there has been reconciliation between them.
3. Spouse:
a. When the spouse has given cause for legal separation; When the spouse has given grounds for the loss of parental authority.
Revocation of Disinheritance:
1. Reconciliation;
2. Subsequent institution of the disinherited heir; and 3. Nullity of the will which contains the disinheritance.
NOTE: Once disinheritance has been revoked or rendered ineffectual, it cannot be renewed except for causes subsequent to the revocation or based on new grounds.
RECONCILIATION
It is the resumption of genuine cordial relationship between the testator and the disinherited heir, approximating that which prevailed before the testator learned of the cause for disinheritance, reciprocally manifested by their actions subsequent to the act of disinheritance.
A subsequent reconciliation between the offender and the offended person deprives the latter of the right to disinherit, and renders ineffectual any disinheritance that may have been made. (Art. 922)
NOTES:
Mere civility which may characterize their relationship, a conduct that is naturally expected of every decent person, is not enough.
In order to be effective, the testator must pardon the disinherited heir. Such pardon must specifically refer to the heir and to the acts causing the disinheritance. The heir must accept the pardon.
No particular form is required. It may be made expressly or tacitly.
NOTE: Where the cause for disinheritance is likewise a ground for unworthiness to succeed, what is the effect of a subsequent reconciliation upon the heir’s capacity to succeed?
1. If disinheritance has been made: Rule on reconciliation applies. The disinheritance becomes ineffective.
2. If disinheritance has not been made: Rule on reconciliation does not apply. The heir continues to be incapacitated to succeed unless pardoned by the testator under Art. 1033. The law effects the disinheritance.
N. LEGACIES AND DEVISES (ARTS. 924 – 959) Persons charged with legacies and devises:
(1) compulsory heir;
(2) voluntary heir;
(3) legatee or devisee;
(4) estate NOTES:
If the will is silent with regard to the person who shall pay or deliver the legacy/devise, there is a presumption that such legacy or devise constitutes a charge against the decedent’s estate.
Since legacies and devises are to be taken from the disposable free portion of the estate, thus, the provisions on institution of heirs are generally applicable to them.