THESIS PROPOSAL

Article 891 of the New Civil Code:

Reserva troncal: to retain or repeal?

Submitted by:
Bernadette M. Basig

Submitted to:

Atty. Rose Liza Osorio

Research Adviser

I.

Brief Description.
This paper seeks to evaluate the continued application of the Civil Code

provision on reserva troncal. Article 891 provides that 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.
A brief history of reserva troncal shall be discussed. The reasons behind
the inclusion of the said provision on the Laws of Succession shall likewise be
tackled. The implications of the said provision shall be laid vis--vis the
modern context on the acquisition of property. Certain problem areas not
definitively resolved by the Supreme Court decisions shall also be identified.

II.

Research Questions
A. What is the history of reserva troncal?

B.
C.
D.
E.

What is the concept of reserva troncal?

What is the purpose of reserva troncal?
What are the consequences of reserva troncal?
Does the provision still serve its purpose up to this day despite the

change of times?
F. Is there a need to retain the provision on reserva troncal or is it
about time to repeal it?
III.

Thesis Statement and Supporting Preliminary Arguments

A. Reserva Troncal no longer serves its purpose

The reserva has its origins in the feudal system of the
Middle Ages, a system in which it was essential to keep estates
intact, not merely for proprietary purposes but also, and chiefly,
for the purpose of centralizing the responsibility for defense
against the Norseman or the infidel, or the neighboring lord.
Along

with

this

necessary

practice

grew

such

kindred

institutions as primogeniture (which modern law has completely

discarded), sub-infeudation, lordship and vassalage, knighthood
and chivalry, and so forth, not to mention courtly love and the
droit du seigneur or jus primae noctis. The danger from the
Norseman and the Saracen has passed. (The Reserva TroncalProspect & Restrospect by Ruben F. Balane)

The purpose of reserva troncal is to keep the property in

the family to which the property belongs. (Velayo Bernardo vs.
Siojo, 58 Phil 89)
In the context of our modern times, there exists no more
pressing need to still continue adopting reserva troncal. It is no
longer desirable to this day. The reservas are based on a spirit
of distrust and suspicion from which modern law is veering
away, aware that the regime (of reservas) is unjust in principle
and sterile in practice. (Castan, Derecho Civil Espanol, Comun y
Floral 185 (6th ed. 1944), quoted in and translated by Balane.)
B. Reserva troncal is not conducive to the development of the
acquired property.
Reserva troncal is an encumbrance over the acquired
property. An encumbrance- especially of the nature of the reserva
where the chance of losing the property is very great (since all that
is required is the survival of a single reservatario) is never
conducive to the development of the property. (The Reserva
Troncal-Prospect & Restrospect by Ruben F. Balane) In view of the
obligation of the reservista to reserve the acquired property, the

latter is constrained from developing the property acquired since

eventually, his heirs will not inherit the same. Instead of investing
on the acquired property, the reservatario would hesitate from
putting in his money or resources on the property, thus leading to
its stagnation.
IV.

Research Design/ Methods for Data Collection

Information gathering will be done through the use of available
library resources and internet sources.
A. Examine the deliberations of the framers of the New Civil
Code with regard to Article 891.
B. Identify some consequences resulting from the application of
reserva troncal.
C. Supreme Court decisions shall be collated to identify
particular conflicts arising out of the application of reserva
troncal. Its implications shall be identified based on factual
backgrounds of selected cases.
D. Identify other countries that adopt the reserva troncal.