What is reserva troncal?

Reserva troncal The 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 as he may have acquired by operation of law for the benefit of relatives who are within
the third degree and who belong to the line from which said property came. (Art. 891)

Purpose:

To prevent persons who are outsiders to the family from acquiring, by chance or accident, property
which otherwise would have remained with the said family. In short, to put back the property to the line
from which it originally came.

Note: Other terms used to refer to reserva troncal:

1. Lineal

2. Familiar

3. Extraordinaria

4. Semi-troncal

5. Pseudo-troncal



What are the requisites that must exist in order that a property may be impressed with a reservable
character?

1. That the property was acquired by a descendant (called praepositus or propositus) from an
ascendant or from a brother or sister by gratuitous title when the recipient does not give anything in
return;

2. That said descendant (praepositus) died without an issue;

3. That the same property (called reserva) is inherited by another ascendant (called reservista) by
operation of law (either through intestate or compulsory succession) from the praepositus; and

4. That there are living relatives within the third degree counted from the praepositus and belonging to
the same line from where the property originally came (called reservatarios). (Art. 891; Chua v. CFI of
Negros Occidental, Branch V, 78 SCRA 412; Rabuya, Civil Law Reviewer, pp. 634-635)



Does the reservista own the reservable property?

The reservista is an absolute or full owner, subject to a resolutory condition. If the resolutory condition
is fulfilled, the reservistas ownership of the property is terminated.

Resolutory condition: If at the time of the reservistas death, there should still exist relatives within the
third degree (reservatarios) of the propositus and belonging to the line from which the property came.

Note: The reservable property is not part of the estate of the reservista.



When does the reservatario acquire the right over the reservable property?

Upon the death of the reservista, the reservatario nearest the decedent propositus becomes,
automatically and by operation of law, the absolute owner of the reservable property. (Cano v. Director
of Lands)



Is there right of representation in reserva troncal?

Yes. There is representation in reserva troncal, but the representative must also be within the third
degree from the propositus. (Florentino v. Florentino)