Raul Balantakbo inherited from two (2) different ascendants the two (2) sets of

properties subject of this case: 1) A one-third (1/3) interest, pro-indiviso in

a parcel of land situated in Dita, Lilio (Liliw) Laguna and described in paragra
ph 7 of the complaint in Civil Case No. SC-956 from his father Jose, Sr., who di
ed on January 28, 1945; and 2) A one-seventh (1/7) interest pro-indiviso in ten
(10) parcels of registered lands described in paragraph 6 of the complaint in Ci
vil Case No. SC-957 from his maternal grandmother, Luisa Bautista, who died on N
ovember 3, 1950.
On June 13, 1952, Raul died intestate, single, without any issue, and leaving on
ly his mother, Consuelo Joaquin Vda. de Balantakbo, as his sole surviving heir t
o the real properties above-mentioned.
On November 3, 1952, Consuelo adjudicated unto herself the above described prope
rties in an Affidavit entitled "Caudal Herederario del finado Raul Balantakbo"
On December 21, 1959, Consuelo Joaquin vda de. Balantakbo sold the property desc
ribed in Civil Case No. SC-956 to Mariquita H. Sumaya. The sale was evidenced by
a deed attached as Annex "C" to the complaint. The same property was subsequent
ly sold by Mariquita Sumaya to Villa Honorio Development Corporation, Inc., on D
ecember 30, 1963. On January 23, 1967, Villa Honorio Development Corporation tra
nsferred and assigned its rights over the property in favor of Agro-Industrial C
oconut Cooperative, Inc. The documents evidencing these transfers were registere
d in the Registry of Deeds of Laguna and the corresponding certificates of title
s were issued. The properties are presently in the name of Agro-Industrial Cocon
ut Cooperative, Inc., 2/3 share and the remaining 1/3 share is in the name of Sa
ncho Balantakbo. LLjur
Also on December 30, 1963, Consuelo Joaquin vda. de Balantakbo sold the properti
es described in the complaint in Civil Case No. SC-957 to Villa Honorio Developm
ent Corporation, Inc. The latter in turn transferred and assigned all its rights
to the properties in favor of Laguna Agro-Industrial Coconut Cooperative, Inc.
which properties are presently in its possession.
The parties admit that the certificates of titles covering the above described p
roperties do not contain any annotation of its reservable character.
On June 3, 1968, Consuelo Joaquin vda. de Balantakbo died.
On March 4, 1970, Amadeo, Sancho, Donato, Luis, and Erasto, all surnamed Balanta
kbo, brothers in full blood of Raul Balantakbo and Luisa, Jose and Dolores, also
all surnamed Balantakbo, surviving children of deceased Jose Balantakbo, Jr., a
nother brother of the first named Balantakbos, filed the above mentioned civil c
ases to recover the properties described in the respective complaints which they
claimed were subject to a reserva troncal in their favor.
The court a quo found that the two (2) cases varied only in the identity of the
subject matter of res involved, the transferees, the dates of the conveyances bu
t involve the same legal question of reserva troncal. Hence, the consolidation o
f the two (2) cases.
After trial, the court a quo rendered a joint decision in favor of the Balantakb
os
This decision was appealed to the appellate court which affirmed the decision of
the court a quo in toto. The motion for reconsideration was denied (p. 65, Roll
o) by the appellate court which found no cogent reason to reverse the decision.|
as had been finally decided by the Court of Appeals in
he reserva troncal arose
Special Proceeding No. 23
when Agustina acquired by operation of law all the pro

perties of her descendant Adolfo (grandson), who acquired them by gratuitous tit
le from another ascendant, Isabel (Adolfo's mother).

According to Manresa, the reserva is extinguished upon the death of the reservis
ta, as it then becomes a right of full ownership on the part of the reservatario
s, who can bring a reivindicatory suit therefor. Nonetheless, this right, if not
exercised within the time for recovering real properties, can be lost by prescr
iption:
||| (Carillo v. de Paz, G.R. No. L-22601, [October 28, 1966], 124 PHIL 1075-1082
)1) In the instant case, the properties in question were indubitably reservable
properties in the hands of Mrs. Legarda. Undoubtedly, she was a reservor. The re
servation became a certainty when at the time of her death the reservees or rela
tives within the third degree of the prepositus Filomena Legarda were living or
they survived Mrs. Legarda.
2) We hold that Mrs. Legarda could not convey in her holographic will to her six
teen grandchildren the reservable properties which she had inherited from her da
ughter Filomena because the reservable properties did not form part of her estat
e. The reservor cannot make a disposition mortis causa of the reservable propert
ies as long as the reservees survived the reservor.
Resersa troncal is also called lineal, familiar, extreordinaria o semi-troncal.
It is provided for in Article 811 of the Spanish Civil Code now article 891 of t
he Civil Code. In reserva ironcal, (1) a descendant inherited or acquired by gra
tuitous title property from an ascendant or from a brother or sister; (2) the sa
me property is inherited by another ascendant or is acquired by him by operation
of law from the said descendant, and (3) the said ascendant should reserve the
said property for the benefit of relatives who are within the third degree from
the deceased descendant (prepositus) who belong to the tine from which the prope
rty came.
The three transmissions involved are: (1) a first transmission by lucrative titl
e (inheritance or donation) from an ascendant or brother or sister to the deceas
ed descendant; (2) a posterior transmission, by operation of law (intestate succ
ession or legitime) from the deceased descendant (causante de la reserva) in fav
or of another ascendant, the reservor or reservista, which two transmissions pre
cede the reservation, and (3) a third transmission of the same property (in cons
equence of the reservation) from the reservor to the reservees (reservatarios) o
r the relatives within the third degree from the deceased descendant belonging t
o the line of the first ascendant, brother or sister of the deceased descendant
(6 Castan Toneas, Derecho Civil, Part I, 1960, 6th Ed., pp. 198-9). If there are
only two transmissions there is no reserva.