Chua v.

CFI
Ignacio Frias Chua, Dominador Chua and Remedios Chua, petitioners,
vs.
The Court of First Instance of Negros Occidental, Branch V and Susana De La Torre, in her
capacity as Administratrix of the Intestate Estate of Consolacion de la Torre
DOCTRINE: The gratuitous acquisition of the reservable property by the prepositus from the
origin of the reservable property was interpreted in this case. Even if the prepositus had to pay a
certain amount to a third party for the purpose of acquiring the reservable property, if such payment
obligation was not imposed by the origin, the acquisition by the latter is still gratuitous in nature.
Patricia

Jose
Ignacio
Lorenzo
Manuel

Consolacion
Juanito

FACTS: Chua with Patricia S. Militar alias Sy Quio sired three children, namely: Ignacio,
Lorenzo and Manuel. When Patricia died, Jose Frias Chua contracted a second marriage
with Consolacion de la Torre with whom he had a child by the name of Juanita Frias Chua.
1. Manuel died without leaving any issue.
2. Then in 1929, Jose died intestate leaving his widow Consolacion and his son Juanito of
the second marriage and sons Ignacio and Lorenzo of his first marriage.
3. In the Intestate Proceeding, the lower court issued an order adjudicating,
among others, the one-half portion of Lot No. 399 and the sum of P8,000.00 in favor of
Jose's widow, Consolacion, the other half of Lot No. 399 in favor of Juanito;
P3,000.00 in favor of Lorenzo; and P1,550.00 in favor of Ignacio. By virtue of said
adjudication, a TCT was issued by the Register of Deeds in the names of Consolacion
and Juanito.
4. On Feb.27, 1952, Juanito died intestate without any issue. After his death, his mother
Consolacion succeeded to his pro-indivisio share of Lot No. 399. In a week's
time, Consolacion executed a declaration of heirship adjudicating in her favor
the pro- indiviso share of her son Juanito as a result of which a TCT covering the whole
lot was issued in her name. Then on March 5, 1966, Consolacion died intestate
leaving no direct heir either in the descending or ascending line except her brother and
sisters.
5. In the "Intestate Estate of Consolacion de la Torre", the petitioners herein, Ignacio, of the
first marriage and Dominador and Remedios Chua, the supposed legitimate
children of the deceased Lorenzo Chua, also of the first marriage filed the complaint
before the respondent CFI of Negros Occidental, praying that the one-half portion of Lot
No. 399 which formerly belonged to Juanito but which passed to Consolacion upon the
latter's death, be declared as a reservable property for the reason that the lot in question
was subject to reserval troncal pursuant to Article 981 of the NCC.
6. The respondent Court rendered a decision dismissing the complaint of petitioner.

ISSUE: Whether the property in question as acquired by Juanito Frias Chua from his father,
Jose Frias Chua, gratuitously or not, in relation to first requisite of reserve troncal
HELD: Yes
The transmission is gratuitous or by gratuitous title when the recipient does not give
anything in return." It matters not whether the property transmitted be or be not
subject to any prior charges; what is essential is that the transmission be made
gratuitously, or by an act of mere liberality of theperson making it, without
imposing any obligation on the part of the recipient; and that the person receiving the
property gives or does nothing in return; or, as ably put by an eminent Filipino
commentator, "the essential thing is that the person who transmits it does so
gratuitously, from pure generosity, without requiring from the transferee any
prestation." It is evident from the record that the transmission of the property in question to
Juanito Frias Chua upon the death of his father Jose Frias Chua was by means of a hereditary
succession and therefore gratuitous.
In order that a property may be impressed with a reservable character the following requisites must
exist, to wit: (1) that the property was acquired by a descendant from an ascendant or from a brother
or sister by gratuitous title; (2) that said descendant died without an issue; (3) that the property is
inherited by another ascendant by operation of law; and (4) that there are relatives within the third
degree belonging to the line from which said property came.
In the case at bar, all of the requisites are present: Juanito Frias Chua of the second marriage died
intestate in 1952; he died without leaving any issue; his pro-indiviso of 1/2 share of Lot No. 399
was acquired by his mother, Consolacion de la Torre, by operation of law. When Consolacion de la
Torre died, Juanito Frias Chua who died intestate had relatives within the third degree. These
relatives are Ignacio Frias Chua and Dominador Chua and Remedios Chua, the supposed legitimate
children of the deceased Lorenzo Frias Chua, who are the petitioners herein.
It matters not whether the property transmitted be or be not subject to any prior charges; what is
essential is that the transmission be made gratuitously, or by an act of mere liberality of the person
making it, without imposing any obligation on the part of the recipient; and that the person receiving
the property gives or does nothing in return; or, as ably put by an eminent Filipino commentator,
"the essential thing is that the person who transmits it does so gratuitously, from pure generosity,
without requiring from the transferee any prestation." It is evident from the record that the
transmission of the property in question to Juanito Frias Chua of the second marriage upon the death
of his father Jose Frias Chua was by means of a hereditary succession and therefore gratuitous
The obligation of paying the Standard is imposed upon Consolacion and Juanito not personally
by the deceased Jose in his last will and testament but by an order of the court. As long as the
transmission of the property to the heirs is free from any condition imposed by the deceased
himself and the property is given out of pure generosity, it is gratuitous. The order of the court
does not change the gratuitous nature of the transmission of the property to him. As far as the
deceased Jose is concerned the transmission of the property to his heirs is gratuitous. This being
the case the lot in question is subject to reserva troncal under Art. 891.