Constancio Sienes et. al. v Fidel Esparcia et.al, G.R. No.
L-12957, March 24, 1961
Facts: The case involves Lot 3368 which originally belonged to Saturnino aeso! "ccording to the cadastral records, u#on Saturnino$s death, he le%t the aid land to &rancisco, his only son with his second wi%e, "ndrea 'utang! (ecause &rancisco was a )inor at the ti)e, his )other ad)inistered the #ro#erty %or hi), declared it in her na)e %or ta*ation #ur#oses and #aid the ta*es due thereon! &rancisco died on May 29, 1932 at the age o% 2+, single and without any descendant, his )other, as his sole heir, e*ecuted an e*tra,udicial settle)ent and sale whereby, a)ong other things, she sold the #ro#erty in -uestion to the a##ellant, .onstancio Sienes! Therea%ter, .i#riana and /aulinaaeso, the surviving hal%0sisters o% &rancisco, and who had declared the -uestioned #ro#erty in their na)e, e*ecuted a deed o% sale in %avor o% the s#ouses &idel 1s#arcia and /aulina Sienes! The Trial court declared both sale as void and ordered that the #ro#erty be reverted to the estate o% .i#riana aeso, the lone surviving relative and heir o% &rancisco aeso at the death o% "ndrea 'utang! ss!e: 2hether or not the sale o% the #ro#erty by "ndrea 'utang who is obliged to reserve the #ro#erty is valid although at the ti)e o% her death, there are still surviving relatives within the third degree belonging to the line %ro) which the #ro#erty ca)e! R!lin"3 4o! The land in -uestion was a reservable #ro#erty! &rancisco aeso inherited it by o#eration o% law %ro) his %ather Saturnino, and u#on &rancisco5s death, un)arried and without descendants, it was inherited, in turn, by his )other, "ndrea 'utang! The latter was, there%ore, under obligation to reserve it %or the bene%it o% relatives within the third degree belonging to the line %ro) which said #ro#erty ca)e, i% any survived her! The record discloses that when "ndrea 'utang died, the lone reservee surviving her is .i#riana aeso! The reserve creates two resolutory conditions, na)ely, 617 the death o% the ascendant obliged to reserve and 627 the survival, at the ti)e o% his death, o% relatives within the third degree belonging to the line %ro) which the #ro#erty ca)e! The reservista has the legal title and do)inion to the reservable #ro#erty but sub,ect to a resolutory condition8 that he is li9e a li%e usu%ructuary o% the reservable #ro#erty8 that he )ay alienate the sa)e but sub,ect to reservation, said alienation trans)itting only the revocable and conditional ownershi# o% the reservists, the rights ac-uired by the trans%eree being revo9ed or resolved by the survival o% reservatarios at the ti)e o% the death o% the reservista! The sale )ade by "ndrea 'utang in %avor o% a##ellees was, there%ore, sub,ect to the condition that the vendees would de%initely ac-uire ownershi#, by virtue o% the alienation, only i% the vendor died without being survived by any #erson entitled to the reservable #ro#erty! 2hen "ndrea 'utang died, .i#riana aeso was still alive8 thus, the #revious sale )ade by the %or)er in %avor o% a##ellant beca)e o% no legal e%%ect and the reservable #ro#erty #assed in e*clusive ownershi# to .i#riana! :n the other hand, it is also clear that the sale e*ecuted by the sisters /aulina and .i#riana aeso in %avor o% the s#ouses &idel 1s#arcia and /aulina Sienes was sub,ect to a si)ilar resolutory condition! The reserve instituted by law in %avor o% the heirs within the third degree belonging to the line %ro) which the reservable #ro#erty ca)e, constitutes a real right which the reservee )ay alienate and dis#ose o%, albeit conditionally, the condition being that the alienation shall trans%er ownershi# to the vendee only i% and when the reservee survives the #erson obliged to reserve! ;n the #resent case, .i#riana aeso, one o% the reservees, was still alive when "ndrea 'utang, the #erson obliged to reserve, died! Thus the %or)er beca)e the absolute owner o% the reservable #ro#erty u#on "ndrea5s death! 4a)e3 Mar,orie <! /orcina (atch 3 Succession .ase <igest