06 Florentino v.

Florentino
No. 14856 (15 November 1919)
Torres, J. / Tita K

Subject Matter: Legitime; Reserva Troncal

Summary:
 Apolonio III inherited from his father parcels of land among others. Upon his death, said inhertiance were succeeded
by his mother, Severina, and when Serverina died, Severina’s daughter, Mercedes, inherited the said land.
Petitioners in ths case were half-siblings, nephews and nieces of Mercedes who alleged that the said properties
were reservable properties originally coming from their father, Apolonio II. The SC ruled in favor of petitioners. It
ruled that Even if Severina left in her will said property, together with her own, to her only daughter and forced
heiress, Mercedes Florentino, nevertheless this property had not lost its reservable nature inasmuch as it originated
from the common ancestor of the litigants, Apolonio II; was inherited by his son Apolonio III; was transmitted by
same (by operation of law) to his legimate mother and ascendant, Severina. Hence, petitioners together with
Mercedes, as relatives within third degree are entitle to such reservable property.

Doctrines:
 Even if Severina left in her will said property, together with her own, to her only daughter and forced heiress,
Mercedes Florentino, nevertheless this property had not lost its reservable nature inasmuch as it originated from
the common ancestor of the litigants, Apolonio II; was inherited by his son Apolonio III; was transmitted by same (by
operation of law) to his legimate mother and ascendant, Severina.
 The property proceeding from an ascendant or from a brother of a deceased descendant—who may have acquired
same by lucrative title and from whom afterwards another ascendant of deceased will inherit—is by law invested
with the character of reservable property in favor of said deceased's relatives, within the third degree, of the line
from whence such property proceeds. 

 Any ascendant who inherits from his descendant any property, while there are living, within the third degree,
relatives of the latter, is nothing but a life usufructuary or a fiduciary of the reservable property received.

Parties:
Petitioner ENCARNACION FLORENTINO ET AL.
Respondent MERCEDES FLORENTINO ET AL.
Facts:
Apolonio Florentino II (Apolonio II) was first married to Antonia de Leon. They had 9 children – Jose, Juan, Maria,
Encarnacion, Isabel, Espirita, Gabriel, Pedro and Magdalena.
When Antonia died, Apolonio II married the second time Severina de Leon. They had 2 children – Mercedes and
Apolonio III.
Apolonio III was a posthumos son (i.e. was born after his father’s death).
When Apolonio II died, he was survived by his second wife, Severina, and 10 children. The 11th childe, Apolonio III
was born about a month after Apolonio II died.
Apolonio left a will whereby he instituted his 10 childen, Severina (wife), and posthumos Apolonio as his universal
heirs. It stated that all his properties should be divided among all of his children of both marriages.
In the partition of the said testator's estate, several properties including parcels of land, gold rosary, pieces of gold
and silver, table service, livestock, palay, other personal properties, were given to Apolonio III, his posthumos son.
However, Apolonio III died, (he was born in 1890 and died on 1891 ).
His mother, Severina succeeded to all his property.
In 1908, Severina died leaving a will instituting her only daughter, Mercedes, as her universal heiress.
 Mercedes then took possession of all the property left at the death of her mother, including the properties inherited
by Apolonio III from their father, as reservable property.
Mercedes had gathered for herself alone the fruits of the lands (reservable property).
Petitioners asked Merceds to deliver corresponding part of the reservable property but Mercedes refused to do so
or to pay for its value. Hence, Mercedes has been receiving, as rent for the lands, 360 bundles of palay at fifty pesos
per bundle and 90 bundles of corn at f our pesos per bundle.
Petitioners filed a complain in the CFI against Mercedes and her husband.
They alleged that each of the petitioner is entitled to one-seventh of the fruits of the reservable property
described therein, either by direct participation or by representation, and that for nine years that Mercedes
Florentino has been receiving the fruits of the saubjct property, the plaintiffs have suffered damages in the sum
of P15,428.58, in addition to P308.58 for the value of the fruits not gathered, of P1,000 for the unjustifiable
retention of the aforementioned reservable property and for the expenses of this suit.
They also prayed that it be declared that all the foregoing property is reservable property; that the plaintiffs had
and do have a right to the same.
CFI absolved the defendants from the complaint.
Issue/s:

1. WON the subject property is of the nature of reservable property. (YES)

2. WON Severina who inherited said property from her son Apolonio III had the obligation to preserve and reserve
same for the relatives, within the third degree, of her deceased son Apolonio III. (YES)

Ratio:

Yes – The subject property is a reservable property.

 Art. 811, old CIVIL CODE. Any ascendant who inherits from his descendant any property acquired by the latter
gratuitously from some other ascendant, or from a brother or sister, is obliged to reserve such of the property as
he may have acquired by operation of law for the benefit of relatives within the third degree belonging to the
line from which such property came.
o Apolio III received the subject property as inheritance from his father, Apolonio II.
o When Apolonio III died, his mother, Severina, also inherited the property left by his son.
o Upon Severina’s death, she left the said property to her daughter, Mercedes, by virtue of a will.
o Even if Severina left in her will said property, together with her own, to her only daughter and forced
heiress, Mercedes Florentino, nevertheless this property had not lost its reservable nature inasmuch as
it originated from the common ancestor of the litigants, Apolonio II; was inherited by his son Apolonio
III; was transmitted by same (by operation of law) to his legimate mother and ascendant, Severina.

YES – Severina is obliges to preserve and reserve the subject property for Apolonio III’s relatives, within the third
degree.

 Ascendants do not inherit the reservable property, but its enjoyment, use or trust, merely for the reason that
said law imposes the obligation to reserve and preserve same for certain designated persons who, on the death
of the said ascendants-reservists, (taking into consideration the nature of the line from which such property
came) acquire the ownership of said property in fact and by operation of law in the same manner as forced heirs
(because they are also such}—said property reverts to said line as long as the aforementioned persons who,
from the death of the ascendantreservists, acquire in fact the right of reservatarios (persons for whom property
is reserved), and are relatives, within the third degree, of the descendant from whom the reservable property
came.
 Any ascendant who inherits from his descendant any property, while there are living, within the third degree,
relatives of the latter, is nothing but a life usufructuary or a fiduciary of the reservable property received.
 o All of the plaintiffs are the relatives of the deceased posthumos son, Apolonio III, within the third degree
(four of whom being his half-brothers and the remaining twelve being his nephews as they are the
children of his three half- brothers). As the first four are his relatives within the third degree in their own
right and the other twelve are such by representation, all of them are indisputably entitled as
reservatarios to the property which came from the common ancestor, Apolonio Isabelo, to Apolonio
Florentino III by inheritance during his life-time, and in turn by inheritance to his legitimate mother,
Severina Faz de Leon, widow of the aforementioned Apolonio Isabelo Florentino II.

For the foregoing reasons it follows that with the reversal of the order of decision appealed from we should declare, as
we hereby do, that the aforementioned property, inherited by the deceased Severina Faz de Leon from her .son
Apolonio Florentino III, is reservable property; that the plaintiffs, being relatives of the deceased Apolonio III within the
third degree, are entitled to six-sevenths of said reservable property; that the defendant Mercedes is entitled to the
remaining seventh part thereof; that the latter, together with her husband Angel Encarnacion, shall deliver to the
plaintiffs, jointly, six-sevenths of the fruits or rents, claimed from said portion of the land and, of the quantity claimed,
from January 17, 1918, until fully delivered; and that the indemnity for one thousand pesos (P1,000) prayed for in the
complaint is denied, without special findings as to the costs of both instances. So ordered.

NOTES:
APOLONIO II - ANTONIA Apolonio II - Severina
Jose - Juan – died Maria – died Encarnacion Isabel - died Espirita - Gabriel Pedro Magdalena Mercedes Apolonio III
deceased single; w/o single; w/o single; w/o deceased
any any any
ascendant or ascendant or ascendant or
descendants descendants descendants
Children: Children: Children:
Ramon, Emilia, Jose and
Miguel, Jesus, Asuncion
Victorino, Lourdes,
Antonio, Caridad,
and and
Rosario Dolores