FIRST TRANSMISSION:

Property must be transmitted by the ascendant, brother

SECOND TRANSMISSION:

Property (now called reserva) is transmitted to the

THIRD TRANSMISSION:

The RESERVISTA transmits the property to the RESERVATORIOS

RESERVA TRONCAL- a special rule designed Example: Mother [origin] gave land to her child
primarily to assure the return of a reservable property [propositus] by donation or in her will [basta by
to the third degree relatives belonging to the line from gratuitious title]. The child died with no descendant
which the property originally came, and avoid its and no will, so father [reservista] inherited the land
being dissipated into and by the relatives of the intestate. (Pwede sad the child gave land to father as
inheriting ascendant. the latter's legitime in a will) Father owns the land
only until he dies. The land is reserved by law in
The principle of reserva troncal is provided in Article favor of the relatives of the mother within the third
891 of the Civil Code: Art. 891. The ascendant who degree from the child, who are the reservees or
inherits from his descendant any property which the reservatorios. Take note, relatives from MOTHER SIDE
latter may have acquired by gratuitous title from RA JUD. IN NO CASE MAPUNTA SA FATHER SIDE.
another ascendant, or a brother or sister, is obliged to
reserve such property as he may have acquired by EXAMPLES OF RELATIVES WITHIN 3rd DEGREE:
operation of law for the benefit of relatives who are
within the third degree and belong to the line from  Maternal half-brothers and half-sisters
which said property came. [MHB/MHS] - second degree
 Maternal half-nephews and half-nieces [MHN] -
Summary (three steps that must occur in a reserve third degree
troncal):  Maternal grandparents [MGP] - second degree
 Maternal great grandparents [MGG] - third degree
1. There must be an ascendant, brother or sister
who transfers a property to a descendant (called  Maternal aunts and uncles [MU/MA] - third degree
prepositus) thru a lucrative or gratuitous title. It Remember:
may be by donation or succession
1. Among the reservees, those in the direct line are
2. The said PREPOSITUS (take note, he must not preferred as against the collateral line. Thus, a
have a child whether LC or IC) transmits the grandparent is preferred to a Half Brother or Half
property to his ASCENDANT (called Sister. Also, the nearer excludes the farther.
RESERVISTA) by operation of law.
2. Maternal Half Nephews are preferred over Maternal
3. The said RESERVISTA must transmit the Uncles and Maternal Aunts because they are also
property to the RESERVATARIOS (which must be intestate heirs of propositus, while MU and MA are
within 3rd degree of relationship to the not.
PREPOSITUS). RESERVATARIOS must belong
from the same line where the property came. The 3. Children of first cousins are not reservees, because
RESERVISTA must reserve the property for the they are already sixth degree from the propositus.
benefit of RESERVATORIOS Between the brother of the father and brother of the
mother, the property goes to the latter by reserva
troncal.
4. Suppose the mother dies intestate, leaving a car to 17. If the mother gives a lotto ticket to her son and the
her child. Later the child dies intestate with no issue ticket wins and later, the prize is inherited by the
[no wife nor children]. The father inherits the car by father, there is no reserva troncal because the prize
instestate succession. The car is reservable or subject came from PCSO, not from the mother.
to RESERVA TRONCAL
18. Prescription extinguishes the reserva troncal [30
5. The propositus is the owner of the above car while years for real property, 8 years personal peoperty].
alive, so he can defeat the reserva by selling the car.
19. If the property subject to reserva troncal is
6. There is no reserva troncal if the child gives the expropriated, the reserva continues on the indemnity.
property to his father in a will out of the free
portion, because that is only by operation of law. 20. If the property is insured and later destroyed, the
Meaning, mo apply ra ang Reserva Troncal if na reserva continues on the insurance proceeds.
transmit ang property by INTESTATE SUCCESSION. 21. The purpose of reserva troncal is to keep the
7. The reservista is a full owner of the property subject property in the family to which it belongs [Velayo
to a resolutory condition [i.e. upon his death, the Bernardo vs. Siojo, 58 Phil 89].
property goes to the reservees]. 22. Reserva troncal exists only in the legitimate
8. The property cannot be used to pay the debts of the family; no reservista exists in favor of illegitimate
reservista's estate because it is not part of his estate relatives.
after his death. 23. Reserva Maxima and Reserva Minima explained:
9. The reservista must inventory the property and A son received from his mother P200k under her will.
must furnish a bond, mortgage or any other security He also had properties of his own worth 400k. When
to secure the delivery of the property or its value to the son died without issue, he left all his estate
the reservees. [P600k] to his father in his will. How much is the
reservable property? The legitime of the father in his
10. The reservista is liable for all deterioration son's estate is P300k [1/2 of 600k]. Under the
imputable to his fault or negligence. principle of reserva maxima, since the 200k legitime
of 300k received by the son from his mother can be
11. Land may be registered as a subject to reserva included or contained in his legitime of 300, said 200k
troncal; and if there is such annotation in the title, is reservable. But under the principle of reserva
security is not necessary. minima, only 1/2 of 200k is reservable, on the theory
12. If the property is personal, the reservista may sell, that only 1/2 of the 200k received by the sonfrom his
donate, or pledge the property, but his estate must mother went to the father by operation of law.
reimburse the reservees the value of the property. 24. The reserva maxima is more in consonance with
13. If the property is land, the reservista must the original objective of reserva troncal, because it
annotate the reserva troncal within 90 days from the subjects to the reservation the largest amount
time he accepts the inheritance [when there is no case possible. But the reserva minima is more just and
filed in court] or within 90 days from the time it is more equitable, more in line with the philosophy of
awarded to him by the court. The reservees can law of socialization of property.
judicially demand the annotation. How is the reserva extinguished?
14. The reservees inherit the property from the 1. Death of the reservor or reservista
propositus, not from the reservista. They are
conditional heirs of the propositus. 2. Death of all the would-be reservees ahead of the
reservoir
15. There is representation in reserva troncal, but the
representative must also be within the third degree 3. Accidental loss of the reservable property
from the propositus [like nephews or nieces].
4. Prescription - runs from the death of the reservor
16. Proceeds of insurance given to the beneficiary are [30 years for real property; 8 years from personal
not subject to reserva troncal because this is not a property]
donation.