Case Digest: Sienes vs. Esparcia, G.R. No. L-12957, March 24, 1961

Succession | Art. 891, Nature of Reservatorio's Right

Article 891. 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.

Ponente:
Dizon, J.:

Facts:

Saturnino Yaeso originally owned Lot 3368.

During his first marriage with Teresa Ruales, he had four children: Agaton, Fernando, Paulina and Cipriana.

In his second marriage with Andrea Gutang, he had an only son named Francisco.

Upon Saturnino's death, cadastral records left specific lots to his children:

• Lot 3366 to Cipriana
• Lot 3367 to Fernando
• Lot 3375 to Agaton
• Lot 3377 (southern portion) to Paulina
• Lot 3368 (western portion) to Francisco

Being a minor, Francisco's mother administered the property, paid taxes, and declared it under her name for taxation purposes.

In 1932, Francisco died at the age of 20, single and without any descendant. 

His mother sold the property through an Extrajudicial Settlement and Sale to the appellants, spouses Constancio Sienes and Genoveva Silay for P800.00.

In 1951, Cipriana and Paulina Yaeso, the surviving half-sisters of Francisco, who declared the property in their name for tax purposes, executed a deed of sale in favor of the spouses Fidel Esparcia and Paulina Sienes.

Spouses Sienes commenced an action to nullify the sale between Paulina and Cipriana and the Spouses Esparcia, asking for the reconveyance of Lot 3368 and damages.

Lower Court: Ruled the sale by Andrea Gutang to the appellants and the subsequent sale by Paulina and Cipriana Yaeso to the Esparcia spouses as void. It declared the property as reservable and part of Cipriana Yaeso's estate, the lone surviving relative and heir of Francisco Yaeso upon Andrea Gutang's death.

Issue:

WoN the Lot 3368 of the Cadastral Survey of Ayuquitan was a reservable property. YES

Held:

As held by the trial court, it is clear upon the facts already stated, that the land in question was reservable property. Francisco Yaeso inherited it by operation of law from his father Saturnino, and upon Francisco's death, unmarried and without descendants, it was inherited, in turn, by his mother, Andrea Gutang. The latter was, therefore, under obligation to reserve it for the benefit of relatives within the third degree belonging to the line from which said property came, if any survived her. The record discloses in this connection that Andrea Gutang died on December 13, 1951, the lone reservee surviving her being Cipriana Yaeso who died only on January 13, 1952 (Exh. 10).

In connection with reservable property, the weight of opinion is that the reserve creates two resolutory conditions, namely:

1. the death of the ascendant obliged to reserve and 
2. the survival, at the time of his death, of relatives within the third degree belonging to the line from which the property came.

This Court has held in connection with this matter that the reservista has the legal title and dominion to the reservable property but subject to a resolutory condition; that he is like a life usufructuary of the reservable property; that he may alienate the same but subject to reservation, said alienation transmitting only the revocable and conditional ownership of the reservists, the rights acquired by the transferee being revoked or resolved by the survival of reservatarios at the time of the death of the reservista.

The sale made by Andrea Gutang in favor of appellees was, therefore, subject to the condition that the vendees would definitely acquire ownership, by virtue of the alienation, only if the vendor died without being survived by any person entitled to the reservable property. Inasmuch much as when Andrea Gutang died, Cipriana Yaeso was still alive, the conclusion becomes inescapable that the previous sale made by the former in favor of appellants became of no legal effect and the reservable property subject matter thereof passed in exclusive ownership to Cipriana.

On the other hand, it is also clear that the sale executed by the sisters Paulina and Cipriana Yaeso in favor of the spouses Fidel Esparcia and Paulina Sienes was subject to a similar resolutory condition. The reserve instituted by law in favor of the heirs within the third degree belonging to the line from which the reservable property came, constitutes a real right which the reservee may alienate and dispose of, albeit conditionally, the condition being that the alienation shall transfer ownership to the vendee only if and when the reservee survives the person obliged to reserve. In the present case, Cipriana Yaeso, one of the reservees, was still alive when Andrea Gutang, the person obliged to reserve, died. Thus the former became the absolute owner of the reservable property upon Andrea's death. While it may be true that the sale made by her and her sister prior to this event, became effective because of the occurrence of the resolutory condition, we are not now in a position to reverse the appealed decision, in so far as it orders the reversion of the property in question to the Estate of Cipriana Yaeso, because the vendees — the Esparcia spouses did — not appeal therefrom.

WHEREFORE, the appealed decision — as above modified — is affirmed, with costs, and without prejudice to whatever action in equity the Esparcia spouses may have against the Estate of Cipriana Yaeso for the reconveyance of the property in question.

Notes:

From Sienes, the following may be derived or implied:

1. The reservatarios have a right of expectancy over the property.
2. The right is subject to a suspensive condition, i.e., the expectancy ripens into ownership if the reservatarios survive the reservista
3. The right is alienable, but subject to the same suspensive condition (Note: Sienes erroneously refers to the condition as “resolutory”).
4. The right is registrable.