GR L 12286; (August, 1960) (Digest)
G.R. No. L-12286; August 31, 1960
JOSE JAVELLANA, ET AL., plaintiffs-appellants, vs. FELICIDAD JAVELLANA, ET AL., defendants-appellees.
FACTS
Julio Javellana died testate on May 14, 1924, leaving considerable properties. He was married three times: first to Maria Joseliva (with children, all deceased), second to Sofia Jalandoni (with several children, five of whom are the surviving plaintiffs), and third to Apolinaria Ledesma (childless). Upon Julio’s death, his estate was distributed. His widow, Apolinaria Ledesma, received certain real and personal properties from the free portion of his estate by will, took possession, and had Torrens titles issued in her name. Apolinaria Ledesma died testate on October 20, 1952, without contracting a second marriage or having an acknowledged natural child. Her estate included the properties she inherited from Julio. On May 14, 1956, the plaintiffs (children from Julio’s second marriage) filed an action against the administratrix of Apolinaria’s estate, claiming those properties were subject to “reserva viudal” (widow’s reservation) under the old Civil Code and should be returned to them. The lower court dismissed the complaint.
ISSUE
Whether the properties inherited by the widow Apolinaria Ledesma from her husband Julio Javellana are subject to reservation (“reserva viudal”) in favor of the plaintiffs, who are Julio’s children from a prior marriage.
RULING
No. The properties are not reservable. First, under Article 968 of the old Civil Code, the reservation is for the benefit of the children and descendants of the marriage between the deceased spouse and the surviving widow or widower. The plaintiffs are children of the deceased Julio Javellana from a former marriage (to Sofia Jalandoni), not from his marriage to the widow Apolinaria Ledesma. Therefore, they are not entitled to the reservation. Second, the obligation to reserve under the old Civil Code arises only if the widow or widower remarries (Art. 968) or, if not remarrying, has an acknowledged natural child (Art. 980). It is undisputed that Apolinaria Ledesma never remarried and had no acknowledged natural child. Since these requisite conditions did not concur, the properties are not subject to reservation. The decision of the lower court dismissing the complaint is affirmed.