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)

ORIGIN RESERVOIR OR RESERVISTA

Transmission by transmission by
Gratuitous title operation of law

Propositus

Property is reserved by law in favor of the relatives of the origin within the 3 rd
degree from the propositus, who are the reserves or the reservatarios.

The reserves or reservatarios are any of the following:

1. Maternal half-brothers and half-sisters (second degree)

2. Maternal half-nephews and half nieces (third degree)
3. Maternal grandparents (second degree)
4. Maternal great grandparents (third degree)
5. Maternal aunts and uncles (third degree)

Among the reserves, those in the direct line are preferred as against the
collateral line. Thus, a grandparent is preferred to a half-brother or sister.
Also, the nearer excludes the farther.

There is no reserve troncal if the child gives the property to his father in a will
out of the free portion, because that is not by operation of law.

The reservista is a full owner of the property subject to a resolutory condition;

upon his death, the property goes to the reserves.

The property cannot be used to pay the debts of the reservista’s estate because
it is not part of his estate after his death.
The reservista must inventory the property and must furnish a bond, mortgage
or any other security to secure the delivery of the property or its value to the
reservees.

The reservista is liable for all deterioration imputable to his fault or negligence.

Land may be registered as a subject to reserve troncal, and if there is such

annotation in the title, security is not necessary.
If the property is personal, the reservista may sell, donate or pledge the
property, but his estate must reimburse the reservees the value of the
property.

If the property is land, the reservista must annotate the reserve troncal within
90 days from the time he accepts the inheritance (where there is no case filed
in court) or within 90 days from the time it is awarded to him by the courts.
The reserves can judicially demand for the annotation.

The reserves inherit the property from the propositus not from the reservista.
They are conditional heirs of the propositus.

There is representation in reserve troncal, but the representative must be

within the 3rd degree from the propositus.

Prescription extinguishes the reserve troncal

30 years for real property
8 years for personal property

Reserve troncal exists only in the legitimate family; not reserve troncal in
illegitimate relatives.

The purpose of reserve troncal is to keep the property in the family to which is
belongs.

Reserva maxima and reserve minima

 R. maxima – the entire transferred property is reservable property – 1ST
TRANSFER – thru gratuitous; 2nd transfer – reservable property
 R. minima – only the half of the property is reservable
o This is recommended as it in accordance with the rules on legitime

How is reserve troncal extinguished

1. Death of the reservoir or reservista
2. Death of all the would be reserves ahead of the reservoir.
3. Accidental loss of the reservable property.
4. Prescription.
 Inventory is required
 Posting of bond – not required if the property is real property. What is
needed is an annotation.