FIRST TRANSMISSION:

Property must be transmitted by the ascendant, brother

or sister to the PREPOSITUS via gratuitous title

SECOND TRANSMISSION:

Property (now called reserva) is transmitted to the

ASCENDANTS (called RESERVISTA) of the PROPESITUS
thru the operation of law

THIRD TRANSMISSION:

The RESERVISTA transmits the property to the RESERVATORIOS

which must be relatives within 3rd degree or relationship from the
PROPESITUS belonging to the same line which the property came from

RESERVA TRONCAL- a special rule designed
primarily to assure the return of a reservable property
to the third degree relatives belonging to the line from
which the property originally came, and avoid its
being dissipated into and by the relatives of the
inheriting ascendant.
The principle of reserva troncal is provided in Article
891 of the Civil Code: Art. 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 belong to the line from
which said property came.
Summary (three steps that must occur in a reserve
troncal):
1. There must be an ascendant, brother or sister
who transfers a property to a descendant (called
prepositus) thru a lucrative or gratuitous title. It
may be by donation or succession
2. The said PREPOSITUS (take note, he must not
have a child whether LC or IC) transmits the
property to his ASCENDANT (called
RESERVISTA) by operation of law.
3. The said RESERVISTA must transmit the
property to the RESERVATARIOS (which must be
within 3rd degree of relationship to the
PREPOSITUS). RESERVATARIOS must belong
from the same line where the property came. The
RESERVISTA must reserve the property for the
benefit of RESERVATORIOS
Example: Mother [origin] gave land to her child
[propositus] by donation or in her will [basta by
gratuitious title]. The child died with no descendant
and no will, so father [reservista] inherited the land
intestate. (Pwede sad the child gave land to father as
the latter's legitime in a will) Father owns the land
only until he dies. The land is reserved by law in
favor of the relatives of the mother within the third
degree from the child, who are the reservees or
reservatorios. Take note, relatives from MOTHER SIDE
RA JUD. IN NO CASE MAPUNTA SA FATHER SIDE.
EXAMPLES OF RELATIVES WITHIN 3rd DEGREE:
 Maternal half-brothers and half-sisters
[MHB/MHS] - second degree
 Maternal half-nephews and half-nieces [MHN] -
third degree
 Maternal grandparents [MGP] - second degree
 Maternal great grandparents [MGG] - third degree
 Maternal aunts and uncles [MU/MA] - third degree
Remember:
1. Among the reservees, those in the direct line are
preferred as against the collateral line. Thus, a
grandparent is preferred to a Half Brother or Half
Sister. Also, the nearer excludes the farther.
2. Maternal Half Nephews are preferred over Maternal
Uncles and Maternal Aunts because they are also
intestate heirs of propositus, while MU and MA are
not.
3. Children of first cousins are not reservees, because
they are already sixth degree from the propositus.
Between the brother of the father and brother of the
mother, the property goes to the latter by reserva
troncal.
4. Suppose the mother dies intestate, leaving a car to
her child. Later the child dies intestate with no issue
[no wife nor children]. The father inherits the car by
instestate succession. The car is reservable or subject
to RESERVA TRONCAL
5. The propositus is the owner of the above car while
alive, so he can defeat the reserva by selling the car.
6. There is no reserva troncal if the child gives the
property to his father in a will out of the free
portion, because that is only by operation of law.
Meaning, mo apply ra ang Reserva Troncal if na
transmit ang property by INTESTATE SUCCESSION.
7. The reservista is a full owner of the property subject
to a resolutory condition [i.e. upon his death, the
property goes to the reservees].
8. The property cannot be used to pay the debts of the
reservista's estate because it is not part of his estate
after his death.
9. The reservista must inventory the property and
must furnish a bond, mortgage or any other security
to secure the delivery of the property or its value to
the reservees.
10. The reservista is liable for all deterioration
imputable to his fault or negligence.
11. Land may be registered as a subject to reserva
troncal; and if there is such annotation in the title,
security is not necessary.
12. If the property is personal, the reservista may sell,
donate, or pledge the property, but his estate must
reimburse the reservees the value of the property.
13. If the property is land, the reservista must
annotate the reserva troncal within 90 days from the
time he accepts the inheritance [when there is no case
filed in court] or within 90 days from the time it is
awarded to him by the court. The reservees can
judicially demand the annotation.
14. The reservees inherit the property from the
propositus, not from the reservista. They are
conditional heirs of the propositus.
15. There is representation in reserva troncal, but the
representative must also be within the third degree
from the propositus [like nephews or nieces].
16. Proceeds of insurance given to the beneficiary are
not subject to reserva troncal because this is not a
donation.
17. If the mother gives a lotto ticket to her son and the
ticket wins and later, the prize is inherited by the
father, there is no reserva troncal because the prize
came from PCSO, not from the mother.
18. Prescription extinguishes the reserva troncal [30
years for real property, 8 years personal peoperty].
19. If the property subject to reserva troncal is
expropriated, the reserva continues on the indemnity.
20. If the property is insured and later destroyed, the
reserva continues on the insurance proceeds.
21. The purpose of reserva troncal is to keep the
property in the family to which it belongs [Velayo
Bernardo vs. Siojo, 58 Phil 89].
22. Reserva troncal exists only in the legitimate
family; no reservista exists in favor of illegitimate
relatives.
23. Reserva Maxima and Reserva Minima explained:
A son received from his mother P200k under her will.
He also had properties of his own worth 400k. When
the son died without issue, he left all his estate
[P600k] to his father in his will. How much is the
reservable property? The legitime of the father in his
son's estate is P300k [1/2 of 600k]. Under the
principle of reserva maxima, since the 200k legitime
of 300k received by the son from his mother can be
included or contained in his legitime of 300, said 200k
is reservable. But under the principle of reserva
minima, only 1/2 of 200k is reservable, on the theory
that only 1/2 of the 200k received by the sonfrom his
mother went to the father by operation of law.
24. The reserva maxima is more in consonance with
the original objective of reserva troncal, because it
subjects to the reservation the largest amount
possible. But the reserva minima is more just and
more equitable, more in line with the philosophy of
law of socialization of property.
How is the reserva extinguished?
1. Death of the reservor or reservista
2. Death of all the would-be reservees ahead of the
reservoir
3. Accidental loss of the reservable property
4. Prescription - runs from the death of the reservor
[30 years for real property; 8 years from personal
property]