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    Francisca Tioco de Papa

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    Rajkumari
    - The plaintiffs were the grand aunt and uncles of the defendant, who inherited reservable property from their common ancestor Balbino Tioco. - Balbino's property passed to his nephew Faustino and niece Trinidad, and then to the defendant Dalisay upon their deaths. - The Supreme Court ruled that Dalisay, as the sole surviving relative within the third degree of the line from which the property came, was entitled exclusively to the reservable property, excluding the plaintiffs who were of the fourth degree or more remote. - Under Philippine law, the nearest surviving relative within the third degree of the original owner excludes more distant relatives from inheriting reservable property.

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    Francisca Tioco de Papa

    Uploaded by

    Rajkumari
    79 views1 page
    - The plaintiffs were the grand aunt and uncles of the defendant, who inherited reservable property from their common ancestor Balbino Tioco. - Balbino's property passed to his nephew Faustino and niece Trinidad, and then to the defendant Dalisay upon their deaths. - The Supreme Court ruled that Dalisay, as the sole surviving relative within the third degree of the line from which the property came, was entitled exclusively to the reservable property, excluding the plaintiffs who were of the fourth degree or more remote. - Under Philippine law, the nearest surviving relative within the third degree of the original owner excludes more distant relatives from inheriting reservable property.

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    FRANCISCA TIOCO DE PAPA

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    - The plaintiffs were the grand aunt and uncles of the defendant, who inherited reservable property from their common ancestor Balbino Tioco. - Balbino's property passed to his nephew Faustino and niece Trinidad, and then to the defendant Dalisay upon their deaths. - The Supreme Court ruled that Dalisay, as the sole surviving relative within the third degree of the line from which the property came, was entitled exclusively to the reservable property, excluding the plaintiffs who were of the fourth degree or more remote. - Under Philippine law, the nearest surviving relative within the third degree of the original owner excludes more distant relatives from inheriting reservable property.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    79 views1 page

    Francisca Tioco de Papa

    Uploaded by

    Rajkumari
    - The plaintiffs were the grand aunt and uncles of the defendant, who inherited reservable property from their common ancestor Balbino Tioco. - Balbino's property passed to his nephew Faustino and niece Trinidad, and then to the defendant Dalisay upon their deaths. - The Supreme Court ruled that Dalisay, as the sole surviving relative within the third degree of the line from which the property came, was entitled exclusively to the reservable property, excluding the plaintiffs who were of the fourth degree or more remote. - Under Philippine law, the nearest surviving relative within the third degree of the original owner excludes more distant relatives from inheriting reservable property.

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    © All Rights Reserved
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    FRANCISCA TIOCO DE PAPA, MANUEL TIOCO, NICOLAS TIOCO and JANUARIO PAPA, vs.

    DALISAY TONGKO CAMACHO, PRIMO TONGKO and GODOFREDO CAMACHO

    G.R. No. L-28032 September 24, 1986

    NARVASA, J.:

    FACTS: The stipulated facts are as follows:

    “Plaintiffs are the defendant’s legitimate grand aunt and grand uncles who have a common ancestor, the
    late Balbino Tioco, who had a sister named Romana Tioco. Romana Tioco donated parcels of land to her
    niece Toribia Tioco during her lifetime. She died intestate in 1915 and was survived by her husband
    Eustacio Dizon and their legitimate children Faustino and Trinidad. In 1928, Balbino died intestate
    leaving properties which was inherited by Faustino and Trinidad in representation of their late mother,
    Toribia, who predeceased Balbino. In 1937, Faustino died intestate, single and without issue, which was
    inherited by his father, Eustacio, as his sole intestate heir subject to reserve troncal. Trinidad died
    intestate in 1939 and transmitted her rights and interests in the parcels of land to her only legitimate child,
    defendant Dalisay, subject to the usufructuary of Primo Tongko, husband of Trinidad. Eustacio died
    intestate in 1965 and survived only by his legitimate descendant, defendant Dalisay.”

    ISSUE: Whether or not all the relatives within the third degree in the appropriate line succeed without
    distinction to the reservable property upon the death of the reservista as seems implicit in Artcle 891 of
    the Civil Code.

    HELD: No, Dalisay Tongko-Camacho is entitled to the entire reversionary property to the exclusion of
    plaintiffs. Upon the death of the ascendant reservista, the reservable property should pass, not to all the
    reservatarios as a class but only to those nearest in degree to the prepositus, excluding those
    reservatarios of more remote degree. As prescribed by law in legitimate succession when there are
    relatives of the descendant within the third degree, the right of the nearest relative, called reservatarios
    over the property which the reservista should return to him, excludes that of the one more remote. The
    right of representation cannot be alleged when the one claiming same as a reservatario of the reservable
    property is not among the relatives within the third degree belonging to the line from which such property
    came, inasmuch as the right granted by the Civil Code in Article 811 is in the highest degree personal and
    for the exclusive benefit of designated persons who are within the third degree of the person from whom
    the reservable property came. Therefore, relatives of the fourth and the succeeding degrees can never be
    considered as reservatarios, since the law does not recognize them as such. The Supreme Court held
    that under our laws of succession, a decedent's uncles and aunts may not succeed ab intestato so long
    as nephews and nieces of the decedent survive and are willing and qualified to succeed.

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