FLORENTINO v. FLORENTINO ET. AL.

GR No. 14856

Facts:

Apolonio II died leaving a notarial will instituting as his universal heirs all his children including
the posthumous Apolonio III and his widow Severina. Apolonio III along with his other heirs then
received in the partition of the subject property. When Apolonio III died, the said property was inherited
by his mother Severina, who later died, leaving a will instituting her only daughter, Mercedes, as her
universal heiress. Herein appellants demand from Mercedes to deliver their corresponding share in the
reservable property but Mercedes refused. It should be noted that some of herein appellants claim
their share under the right of representation as their respective a parents who were siblings of Apolonio
III were already deceased.

Issue:

Whether or not there is a right of representation in reserve truncal.

Ruling:

It was held that there is a right of representation in reserve truncal, however, the representative
must also be within the third degree from the propositus.

The Court in this cases held that following the order prescribed by law in legitimate succession,
when there are relatives of the descendant within 3 rd degree, the right of the nearest relative
reservatorio, over the property which the reservista should return to him excludes that of the one more
remote. The right of representation cannot be alleged when the one claiming the same as a reservable
property is not among the relatives within the 3 rd degree belonging to the line from which such property
came. Thus, herein appellants, relatives of Apolonio III within the 3 rd degree are entitled to their share
in the reserved property.