G.R. No. L-29901 August 31, 1977
Ignacio Frias Chua, Dominador Chua and Remedios Chua, petitioners, vs. The Court of First Instance of Negros Occidental, Branch V and Susana de la Torre, in her capacity as Administratrix of the Intestate Estate of Consolacion de la Torre, respondents.

FACTS

Jose Frias Chua died intestate in 1929, survived by his second wife, Consolacion de la Torre, and children from two marriages. In the ensuing intestate proceeding, the court in 1931 adjudicated properties, including Lot No. 399. One-half of this lot was awarded to the son from the second marriage, Juanito Frias Chua, and the other half to Consolacion. Title was issued in their names as co-owners. Juanito died intestate and without issue in 1952. Consequently, his mother, Consolacion, inherited his half-share through an affidavit of adjudication, consolidating full ownership under her name.
Consolacion died intestate in 1966, leaving no direct descendants or ascendants. Petitioners Ignacio Frias Chua (a son from Jose’s first marriage) and Dominador and Remedios Chua (claiming to be legitimate children of another deceased son from the first marriage, Lorenzo) filed a complaint. They sought a declaration that the half-share of Lot No. 399 which passed from Juanito to Consolacion was subject to reserva troncal under Article 891 of the Civil Code. They argued it should be reserved for their benefit as relatives within the third degree of the line (the first marriage) from which the property originally came from Jose.

ISSUE

Whether the half-share of Lot No. 399 inherited by Juanito Frias Chua from his father Jose is subject to reserva troncal upon its subsequent inheritance by his mother, Consolacion de la Torre.

RULING

Yes, the property is subject to reserva troncal. The Supreme Court reversed the trial court’s dismissal of the complaint. For reserva troncal to apply, four requisites under Article 891 must concur: (1) property acquired by a descendant from an ascendant or sibling by gratuitous title; (2) said descendant dies without issue; (3) property is inherited by another ascendant by operation of law; and (4) relatives within the third degree from the line of origin exist. All requisites are present. Juanito acquired his share from his father, Jose, by gratuitous title (inheritance). He died without issue. His mother, Consolacion, inherited it by operation of law. Petitioners are relatives within the third degree of Jose, belonging to the first marriage line from which the property came.
The trial court erroneously held the acquisition was not gratuitous because the 1931 partition order required heirs to pay certain costs from a prior case. The Supreme Court clarified that a transmission is gratuitous if the recipient gives nothing in return. The imposition of such charges, payable from the estate generally, does not convert the heir’s acquisition into an onerous one; the heir personally gives no prestation. Furthermore, the right of the petitioners as reservees accrued only upon the death of the reservor, Consolacion, in 1966. Their action filed shortly thereafter in 1966 was timely and not prescribed. The Court declared petitioners owners of the reserved half-share and ordered the reconstitution of the title accordingly.