G.R. No. 6878; September 13, 1913
Marcelina Edroso, petitioner-appellant, vs. Pablo and Basilio Sablan, opponents-appellees.

FACTS

Marcelina Edroso applied for registration of two parcels of land she inherited from her son, Pedro Sablan. Pedro had inherited the same lands from his father, Victoriano Sablan (Marcelina’s deceased husband). Victoriano, in turn, had acquired the lands by inheritance from his own ascendants. Pablo and Basilio Sablan, legitimate brothers of Victoriano (and thus uncles german of Pedro), opposed the registration. They argued that the lands were subject to a legal reserve (reserva troncal) under Article 811 of the Civil Code, requiring Marcelina to reserve the property for relatives within the third degree from the line (the Sablan line) from which the property originally came. The Court of Land Registration denied Marcelina’s application, holding that registration could only be granted jointly to Marcelina and the uncles. Marcelina appealed.

ISSUE

Whether Marcelina Edroso can register the lands solely in her name, or whether the registration must reflect the rights of the opponents under the legal reserve (reserva troncal).

RULING

The Supreme Court reversed the judgment of the lower court. It held that the lands were indeed subject to the legal reserve under Article 811 of the Civil Code, as Marcelina, an ascendant, inherited them from her descendant (Pedro), who had acquired them without valuable consideration (by inheritance) from another ascendant (Victoriano), and the opponents are relatives within the third degree of the line (Sablan) from which the property proceeded. However, the Court ruled that Marcelina, as the person obligated to make the reservation, holds full ownership rights, albeit with a condition subsequent (the reserve). Therefore, she is entitled to register the lands in her own name, provided that the registration records the right reserved by law in favor of the opponents, Pablo and Basilio Sablan, should they survive her. The Court analogized her position to that of a vendee under a pacto de retracto, who can register title despite a condition subsequent.