Reserva Troncal

THE CHARACTERS IN RESERVA TRONCAL

Reserva Troncal is only one of the reservas under the Old
Civil Code which was retained in the New Civil Code.
• The characters in Reserva Troncal are as follows:
1. The Origin – The origin of the reservable property may be an ascendant or
legitimate brother or sister of the propositus. It is from him/her that the
propositus acquired the property, the acquisition must be by gratuitous title
(succession, donation, remission).
2. The Propositus or Prepositus – is the descendant or legitimate brother or
sister of the Origin who acquired the reservable property by gratuitous title. It is
from him that the 3rd degree relationship is counted, should the property now
revert back to the line from where it originally came. While the property is in the
hands of the propositus, it cannot be determined as yet whether the property is
reservable or not. If the propositus dies without issue and the property ascends to
another ascendant, then the same property is now reservable.
 3. The Reservor or Reservista – He is the other ascendant of the propositus
who acquired the reservable property from the latter by operation of law.
Upon the death of the reservor and there are relatives within the 3rd degree of
relationship counted from the propositus, the property will not form part of
the estate of the reservor, instead, it will revert to the line where the property
originally came.
4. The Reservee/s or the Reservatario/s – They are the 3rd degree relatives
counted from the propositus, who ultimately acquire dominion over the
reservable property, since it will now revert back to the line where it originally
came.
 Illustration of Reserva Troncal
The Origin (who may be an ascendant or The Reservor (the other ascendant who
acquired the property from the Propositus by
legitimate sibling of the propositus)
operation of law)

The
Reservatarios
- Relatives of
the
propositus
w/in the 3rd
civil degree

The Propositus (the descendant who

acquired the property from the Origin by
gratuitous title)