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    Nicole Buenaventura
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    1) Fortunato inherited four parcels of land but died without a will or children, so the land passed to her mother Benita. When Benita died, Fortunato's nephews (the children of her deceased sister Candelaria) and half-nephews (the children of her deceased half-brother Manuel) were declared the reservatarios. 2) The nephews argued they should inherit 1/2 of the land by right of representation, while the half-nephews argued they should inherit equal shares. 3) The court ruled the ordinary rules of intestate succession should determine each reservatario's share, so the nephews were entitled to double shares compared to the

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    Padura-v.-Baldovino

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    1) Fortunato inherited four parcels of land but died without a will or children, so the land passed to her mother Benita. When Benita died, Fortunato's nephews (the children of her deceased sister Candelaria) and half-nephews (the children of her deceased half-brother Manuel) were declared the reservatarios. 2) The nephews argued they should inherit 1/2 of the land by right of representation, while the half-nephews argued they should inherit equal shares. 3) The court ruled the ordinary rules of intestate succession should determine each reservatario's share, so the nephews were entitled to double shares compared to the

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    494 views1 page

    Padura v. Baldovino

    Uploaded by

    Nicole Buenaventura
    1) Fortunato inherited four parcels of land but died without a will or children, so the land passed to her mother Benita. When Benita died, Fortunato's nephews (the children of her deceased sister Candelaria) and half-nephews (the children of her deceased half-brother Manuel) were declared the reservatarios. 2) The nephews argued they should inherit 1/2 of the land by right of representation, while the half-nephews argued they should inherit equal shares. 3) The court ruled the ordinary rules of intestate succession should determine each reservatario's share, so the nephews were entitled to double shares compared to the

    Copyright:

    © All Rights Reserved
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    Download as docx, pdf, or txt
    of 1

    Padura v.

    Baldovino
    104 Phil. 1065
    ACNP

    Doctrine: the respective share of each reservatarios is determined by the rules on intestate succession

    Prepositus: Fortunato
    Reservista: Benita
    Reservatarios: 4 children of Candelaria (full blood sister of Fortunato), 7 children of Manuel (half-brother)
    Reversionary property: four parcels of land

    I. Facts:
    Agustin Padura contracted two marriages during his lifetime. With his first wife, he had one child, Manuel, and with his
    second wife, Benita, he had two children: Fortunato and Candelaria. When Agustin died, he left all of his properties to
    Benita and his three children.

    Four parcels of land were adjudicated to Fortunato. Shortly thereafter, Fortunato died without a will and without issue.
    Thus, the four parcels of land passed to her mother Benita.

    Candelaria also died, leaving as her only heirs four legitimate children, petitioners herein. Manuel [ the child from the
    first marriage] also died, leaving as his only heirs seven legitimate children, oppositors herein. Subsequently, Benita
    died. The children of Candelaria and Manuel were declared to be the rightful reservatarios.

    The children of Candelaria filed a petition seeking that the reservable property be partitioned, such that ½ be
    adjudicated to them on the basis that they inherit by right of representation. The children of Manuel opposed,
    maintaining that all 11 of them shall be deemed as inheriting in their own right, and therefore, shall inherit in equal
    shares.

    II. Issue:
    How shall the reservable properties be divided among the reservatarios

    III. Ruling:
    The respective share of each reservatarios in the reversionary property should be governed by the ordinary rules of
    intestate succession. Thus, the reservatarios nephews of the full blood are entitled to a share twice as large as
    that of the others in conformity with Art. 1006 and 1008 of the Civil Code.

    Proximity of degree and right of representation are basic principles of ordinary intestate succession; so is the rule that
    whole blood brothers and nephews are entitled to a share double that of the brothers and nephews of half-blood. If in
    determining the rights of the reservatarios inter se, proximity of degree and the right of representation of nephews are
    made to apply, the rule of double share for immediate collaterals of the whole blood should be likewise operative.

    Reserva troncal merely determines the group of relatives to whom the property should be returned; but within
    that group, the individual right to the property should be decided by the applicable rules of ordinary intestate
    succession, since Art. 891 did not specify otherwise.

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