DE PAPA, ET AL. VS. CAMACHO, ET AL.

G.R. NO. L-28032, SEPTEMBER 24, 1986

NARVASA, J.

DOCTRINE: In reserva troncal, the successional rights of the relatives of the

praepositus within the 3rd degree are determined by, and subject to, the
rules of intestate succession; so as to exclude uncles and aunts of the
descendant from the reservable property by his niece or nephew.

FACTS:

Defendants Dalisay D. Tongko-Camacho and the plaintiffs, Francisco Tioco de Papa,

Manuel Tioco and Nicolas Tioco, are legitimate relatives, plaintiffs being said defendant's
grandaunt and granduncles. Further, defendant Dalisay D. Tongo-Camacho have as a
common ancestor the late Balbino Tioco (who had a sister by the name of Romana Tioco),
father of plaintiffs and great grandfather of defendant.

Romana Tioco donated four parcels of land to her niece, Toribia Tioco (legitimate sister
of the plaintiffs). Toribia Tioco died intestate, survived by her husband and two legitimate
children, Faustino Dizon and Trinidad Dizon (mother of defendant Dalisay D, Tongko-
Camacho) and leaving the afore-mentioned four parcels of land as the inheritance of her
said two children in equal pro-indiviso shares.

Balbino Tioco died intestate, survived by his legitimate children by his wife Marciana Felix
(among them plaintiffs) and legitimate grandchildren Faustino Dizon and Trinidad Dizon.

Faustino Dizon died intestate, single and without issue, leaving his one-half (1/2) pro-
indiviso share in the seven (7) parcels of land above-mentioned to his father, Eustacio
Dizon, as his sole intestate heir, who received the said property subject to a reserva
troncal which was subsequently annotated on the Transfer Certificates of Title

Trinidad Dizon-Tongko died intestate, and her rights and interests in the parcels of land
abovementioned were inherited by her only legitimate child, defendant Dalisay D.
Tongko-Camacho.