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  • 109 Cano v. Director of Lands

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    Juno Geronimo
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    This case discusses whether a judicial proceeding is necessary after the death of a reservista (Maria Cano) for the reserved property to be transferred to the reservatorio (Eustaquia Guerrero). The Supreme Court ruled that no proceeding is needed, as the facts establishing the reserva were already determined in a prior land registration case. As the reservatorio is not a successor of the reservista and the property is not part of the reservista's estate, it automatically reverts to the reservatorio upon the reservista's death. The only requirements are the reservista's death and the reservatorio surviving them.

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    This case discusses whether a judicial proceeding is necessary after the death of a reservista (Maria Cano) for the reserved property to be transferred to the reservatorio (Eustaquia Guerrero). The Supreme Court ruled that no proceeding is needed, as the facts establishing the reserva were already determined in a prior land registration case. As the reservatorio is not a successor of the reservista and the property is not part of the reservista's estate, it automatically reverts to the reservatorio upon the reservista's death. The only requirements are the reservista's death and the reservatorio surviving them.

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    © All Rights Reserved
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    89 views2 pages

    109 Cano v. Director of Lands

    Uploaded by

    Juno Geronimo
    This case discusses whether a judicial proceeding is necessary after the death of a reservista (Maria Cano) for the reserved property to be transferred to the reservatorio (Eustaquia Guerrero). The Supreme Court ruled that no proceeding is needed, as the facts establishing the reserva were already determined in a prior land registration case. As the reservatorio is not a successor of the reservista and the property is not part of the reservista's estate, it automatically reverts to the reservatorio upon the reservista's death. The only requirements are the reservista's death and the reservatorio surviving them.

    Copyright:

    © All Rights Reserved
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    of 2

    UP Law F2021 109 Cano v.

    Director of Lands
    Succession Art. 891 NCC 1959 Reyes, J.B.L.

    SUMMARY

    In Oct. 1951, two parcels of lot in Sorsogon were adjudged to be allowed registration under Maria Cano’s
    name subject to reserva troncal in favor of Eustaquia Guerrero. Upon Cano’s death in 1955, Guerrero
    prayed to the CFI that subject lots be allowed to be transferred to her name. Oppositors Jose and Teotimo
    Fernandez, sons of Cano, averred that there should be a judicial proceedings and several facts (please see
    under FACTS) must be established first before the property be transferred to Guerrero. CFI ruled in favor
    of Guerrero. Upon appeal to SC, the same was upheld. The Court said that the facts were already established
    in the prior proceeding (Oct. 1951). Further, no proceeding is necessary since the reservatorio is not a
    successor mortis causa nor is the reservable property part of the reservisat’s estate.

    FACTS

     Oct. 9, 1951 – the CFI of Sorsogon issued a decision stating that Lots 1798 and 1799, with their
    improvements (located in Juban/Sorsogon) be allowed to be registered under Maria Cano subject to
    reserva troncal in favor of Eustaquia Guerrero;
     Sept. 8, 1955 – Cano died;
     Oct. 1955 – Guerrero filed a motion with the Cadastral Court alleging the death of reservista Cano and
    praying that the original Certificate of Title be ordered cancelled and a new one issued in her
    (Guerrero) favor;
     The motion was opposed by Jose and Teotimo Fernandez, sons of Maria Cano, who contended that the
    application and operation of the reserva troncal should be ventilated in an ordinary contentious
    proceeding, and that the Registration Court did not have jurisdiction to grant the motion;
     Lower court granted the petition for the issuance of a new certificate, for the reason that the death of
    reservista vested the ownership of the property in the petitioner as the sole reservatorio troncal;
     The oppositors appealed to the SC, averring that the ownership of the reservatorio cannot be decreed
    in a mere proceeding under Sec. 112 of Act 496, but requires a judicial administration proceedings,
    wherein the rights of appellee, as the reservatorio entitled to the reservable property, are to be
    declared;
     Further, according to the oppositors, the following facts must be established before the reversion in
    favor of the reservatorio be declared:
    o The property was received by an ascendant by gratuitous titled from an ascendant or from a
    brother or sister;
    o Said descendant dies without issue;
    o The property ascendant (sic) by operation of law; and
    o The existence of relatives within the third degree belonging to the line from which said
    property came

    RATIO

    W/N the said facts as enumerated by oppositors need be proven after death of reservista Cano
    No.

    The requisites enumerated by appellants have already been declared to exist by the decree of registration
    wherein the rights of the appellee as reservatario troncal were expressly recognized.

    The previous decree (Oct. 1951) having become final all persons (appellees included) are barred thereby
    from contesting the existence of the constituent elements of the reserva. The only requisites for the
    passing of the titled from the reservista to the appellee are: (1) the death of the reservista; and (2)
    the fact that the reservatario has survived the reservista. Both facts are admitted, and their existence
    in nowhere questioned.
    W/N intestacy proceeding is necessary for a reservatorio to inherit the reservable property
    No.

    The reservatorio is not the reservista’s successor mortis causa nor is the reservable property part of the
    reservisat’s estate; the reservatorio receives the property as a conditional heir of the descendant
    (prepositus), said property merely reverting to the line of origin from which it had temporarily and
    accidentally strayed during the reservatarios that survive the reservista, the latter must be deemed to have
    enjoyed no more than a life interest in the reservable property.

    It is a consequence of these principles that upon the death of the reservista, the reservatario nearest to the
    prepositus (the appellee in this case) becomes, automatically and by operation of law, the owner of the
    reservable property. As already stated, that property is no part of the estate of the reservista, and does not
    even answer for the debts of the latter. Hence, its acquisition by the reservatario may be entered in the
    property records without necessity of estate proceedings, since the basic requisites therefor appear of
    record. It is equally well settled that the reservable property cannot be transmitted by a reservista to her
    or his own successors mortis causa, (like appellants herein) so long as a reservatario within the third degree
    from the prepositus and belonging to the line whence the property came, is in existence when the reservista
    dies.

    FALLO

    We find no error in the order appealed from therefore, the same is affirmed with costs against appellants in
    both instances. So ordered

    Notes:

    ARTICLE 891. The ascendant who inherits from his descendant any property which the latter may have
    acquired by gratuitous title from another ascendant, or a brother or sister, is obliged to reserve such property
    as he may have acquired by operation of law for the benefit of relatives who are within the third degree and
    who belong to the line from which said property came. (871)

    Family Tree:
    -No mention of the prepositus nor the mediate source

    *It was not clear in the ponencia how Eustaquia and Maria were related; what was clear though was Eustaquia was the named
    reservatorio in the land registration case mentioned in the facts

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