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    G.R. No. 6878

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    CAJ
    This document summarizes a court case from 1913 regarding the inheritance of two parcels of land. Marcelina Edroso inherited the land from her son Pedro, who had inherited it from his father Victoriano. Pedro's uncles Pablo and Basilio contested the inheritance, claiming the right to reserve the property. The court upheld this right to reserve the property, finding that it met the legal definition of a reservable hereditary title acquired without consideration by relatives within the third degree. Therefore, the uncles were entitled to reserve their rights to the property and Marcelina could not fully inherit it alone.

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    G.R. No. 6878

    Uploaded by

    CAJ
    170 views2 pages
    This document summarizes a court case from 1913 regarding the inheritance of two parcels of land. Marcelina Edroso inherited the land from her son Pedro, who had inherited it from his father Victoriano. Pedro's uncles Pablo and Basilio contested the inheritance, claiming the right to reserve the property. The court upheld this right to reserve the property, finding that it met the legal definition of a reservable hereditary title acquired without consideration by relatives within the third degree. Therefore, the uncles were entitled to reserve their rights to the property and Marcelina could not fully inherit it alone.

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    This document summarizes a court case from 1913 regarding the inheritance of two parcels of land. Marcelina Edroso inherited the land from her son Pedro, who had inherited it from his father Victoriano. Pedro's uncles Pablo and Basilio contested the inheritance, claiming the right to reserve the property. The court upheld this right to reserve the property, finding that it met the legal definition of a reservable hereditary title acquired without consideration by relatives within the third degree. Therefore, the uncles were entitled to reserve their rights to the property and Marcelina could not fully inherit it alone.

    Copyright:

    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
    Download as pdf or txt
    170 views2 pages

    G.R. No. 6878

    Uploaded by

    CAJ
    This document summarizes a court case from 1913 regarding the inheritance of two parcels of land. Marcelina Edroso inherited the land from her son Pedro, who had inherited it from his father Victoriano. Pedro's uncles Pablo and Basilio contested the inheritance, claiming the right to reserve the property. The court upheld this right to reserve the property, finding that it met the legal definition of a reservable hereditary title acquired without consideration by relatives within the third degree. Therefore, the uncles were entitled to reserve their rights to the property and Marcelina could not fully inherit it alone.

    Copyright:

    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
    Download as pdf or txt
    of 2

    Marcelina EDROSO

    vs.
    Pablo and Basilio SABLAN
    G.R. No. 6878, September 13, 1913
    ARELLANO, C.J.

    Facts:
    Marcelina Edroso was married to Victoriano Sablan until his
    death on September 22, 1882. They had a son named Pedro, who
    was born on August 1, 1881, and who at his father's death inherited
    the two said parcels. Pedro also died on July 15, 1902, unmarried
    and without issue and by this decease the two parcels of land passed
    through inheritance to his mother, Marcelina Edroso. Hence the
    hereditary title whereupon is based the application for registration of
    her ownership.

    The two uncles of Pedro, Pablo and Basilio Sablan (legitimate


    brothers of Victoriano) opposed the registration claiming that either
    the registration be denied or if granted to her, the right reserved by
    law to them be recorded in the registration of each parcel. The Court
    of Land Registration denied the registration holding that the land in
    question partake of the nature of property required by law to be
    reserved and that in such a case application could only be presented
    jointly in the names of the mother and the said two uncles. Hence,
    this appeal.

    Issue:
    Whether or not the property in question is in the nature of a
    reservable property.

    Ruling:
    Yes, a very definite conclusions of law is that the hereditary
    title is one without a valuable consideration (gratuitous tile), and it is
    so characterized in Article 968 of the Civil Code, for he who acquires
    by inheritance gives nothing in return for what he receives; and a
    very definite conclusion of law also is that the uncles are within the
    third degree of blood relationship in accordance with Article 811 of
    the Civil Code.

    MarcelinaE droso, ascendant of Pedro Sablan, inherited from


    him the two parcels of land which he had acquired without a valuable
    consideration – that is, by inheritance from another ascendant, his
    father Victoriano. Having acquire them by operation of law, she is
    obligated to relatives within the third degree and belong to the line of
    Mariano Sablan and Maria Rita Fernandez (parents of Victoriano),
    where the lands proceeded. The trial court’s ruling that they partake
    of the nature property required by law to be reserved is therefore in
    accordance with the law.

    The conclusion is that the person required by Article 811 to


    reserve the right has, beyond any doubt at all, the rights to use and
    usufruct. He has, moreover, the legal title and dominion, although
    under a condition subsequent. Clearly he has under an express
    provision of the law the right to dispose of the property reserved, and
    to dispose of is to alienate, although under a condition. He has the
    right to recover it, because he is the one who possesses or should
    possess it and have title to it, although a limited and revocable one.
    In a word, the legal title and dominion, even though under a
    condition, reside in him while he lives. After the right required by law
    to be reserved has been assured, he can do anything that a genuine
    owner can do.

    On the other hadn’t, the relatives within the third degree in


    whose favor of the right is reserved cannot dispose of the property,
    first because it is no way, either actually or constructively or formally,
    in their possession; and moreover, because they have no title of
    ownership or of the fee simple which they can transmit to another,
    on the hypothesis that only when the person who must reserve the
    right should die before them will they acquire it.

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